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U.C  BERKELEY  UBRARY 


UC-NRLF 


B    3    T3T    l?fi 


EXCHANGE 
m«Y    7    1917 


GENERAL  LIBRARY  LEGISLATION 


I  MASSACHUSETTS 

1798-1913 


*NGE 


SCHOOL- 


MEMBERS  OF  THE  FREE  PUBLIC  LIBRARY  COMMIS- 
SION OF  MASSACHUSETTS 


CHARLES  F.  D.  BELDEN,  Chairman,  Cambridge 
Miss  ELIZABETH  P.  SOHIER,  Bevehly  . 
HILLER  C.  WELLMAN,  Springfield 
Miss  ANNA  M.  BANCROFT,  Hopedale    . 
FRANK  H.  HOWES,  Newton    .... 


Term  expire 

1915 
1917 
1914 
1914 
1913 


COMMISSION  STAFF 
Miss  ZAIDEE  BROWN,  Agent    .        .        .     State  Library,  Boston 
Miss  E.  LOUISE  JONES,  Office  Secretary    State  Library,  Boston 


OFFICE 

The  office  of  the  Free  Public  Library  Commission  is  in  the  State  Library 
of  Massachusetts,  State  House,  Boston. 


Approved  by 
The  State  Board  of  Publication. 


GENERAL  LIBRARY  LEGISLATION  OF 
MASSACHUSETTS;    :  '"(] 


In  order  to  show  the  evolution  of  libraries  in  Massachusetts 
as  it  can  be  traced  in  the  laws  from  time  to  time  enacted,  a  col- 
lection of  such  general  legislation  as  relates  to  the  formation 
and  management  of  social,  law,  school  district  and  free  public 
libraries  has  been  arranged  in  chronological  order. 


179S 

An  Act  to  enable  the  proprietors  of  social  libraries  to  manage 

THE  SAME. 
[Laws  of  1798,  chapter  45;  repealed  by  the  Act  of  March  8,  1806.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  any  seven  or  more  persons  capable  of  contracting,  in  any  towns 
or  districts  in  this  Commonwealth,  who  have  or  shall  become  Proprietors 
in  common  of  any  Library,  may  form  themselves  into  a  Society  or  Body 
Politic  for  the  express  purposes  of  holding,  increasing,  preserving,  and 
using  such  Library  and  to  that  end  any  five  or  more  of  them,  may 
apply  in  writing  by  them  signed,  to  any  Justice  of  the  Peace,  within 
the  county  wherein  the  same  town  or  district  may  be,  stating  the 
purposes  of  their  meeting,  and  requesting  him  to  issue  his  warrant  for 
calling  a  meeting  of  the  said  proprietors,  which  Justice  may  grant  his 
warrant  to  some  one  of  them,  directing  him  to  call  a  meeting  of  the  said 
proprietors,  at  the  time  and  place,  and  for  the  purposes  in  such  warrant 
expressed;  which  proprietors  shall  notify  such  meeting  by  posting  up 
the  substance  of  said  warrant  in  some  public  place  in  the  said  town 
or  district  where  the  said  Library  shall  be  kept,  seven  days  at  least 
before  the  time  of  said  meeting. 

Sect.  2.  Be  it  further  enacted,  That  any  seven  or  more  of  the  pro- 
prietors of  such  Library,  met  in  pursuance  of  such  notice,  shall  have 
power  to  choose  a  Moderator,  Clerk,  Librarian,  Collector,  Treasurer  and 

6  66  3 


other  necessary  officers  and  committees;  which  clerk  shall  be  sworn  to 
the  faithful  and  impartial  performance  of  his  duties;  and  the  said 
proprietors  when  so  incorporated,  shall  have  j)Ower  to  raise  such  monies 
by  assessments  on  the  several  shares  in  such  Library  as  they  may 
judge  necessary  for  preserving  and  increasing  the  same,  and  for  the 
management  [of]  the  affairs  of  the  corporation;  to  make  by-laws  for 
the  due  regulation  of  its  concerns,  not  repugnant  to  the  Constitution 
and  Lavvs  of  this  Commonwealth,  and  to  annex  and  recover  penalties 
for  any  breach  of  such  by-laws,  not  exceeding  three  dollars  for  any  one 
bi'ca.'h  thereof. 

Sect.  3.  Be  it  further  enacted,  That  the  proprietors  of  any  such 
Library,  so  incorporated,  shall  be  called  and  known  by  the  name  of  the 

Proprietors  of  the  Social  Library,  in  the  town  of  ,  and  by  that 

name  shall  sue  and  be  sued,  prosecute  and  defend,  plead  and  be  im- 
pleaded in  all  actions  and  processes  in  law;  and  when  there  shall  be 
more  than  one,  such  Library,  in  any  town  or  district,  the  proprietors 
thereof  shall  be  known  and  called  by  the  name  of  "  The  Proprietors 
of  the  second,  third,  fourth,  etc.  (as  the  case  may  be)  Social  Library  in 
the  town  of ". 

Sect  4.  And  be  it  further  enacted,  That  when  any  such  meeting  shall 
be  dissolved,  the  proprietors  may  again  incorporate  themselves  and 
proceed  in  all  respects  as  aforesaid;  and  in  any  meetings  of  such  pro- 
prietors, there  shall  be  allowed  one  vote  for  each  share.  And  the  pro- 
prietors of  any  such  Library,  shall  have  power  to  hold  to  them,  their 
successors  and  assigns,  real  or  personal  estate,  to  the  amount  of  five 
hundred  dollars  over  and  above  the  value  of  their  books,  and  shall  have 
power  at  any  regular  meeting,  to  fix  the  mode  and  manner  of  calling 
future  meetings.     [Passed  March  3,  1798. 

1806 

An  Act  to  enable  the  proprietors  of  social  libraries  to  manage 

THE  SAME. 
[Passed  March  8,  1S06;  repealed  by  Revised  Statutes,  chapter  146.] 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  any  seven  or  more  persons,  capable  of  contracting,  in  any  town 
or  district  in  this  Commonwealth,  who  shall  become  proprietors  in 
common  of  any  library,  may  form  themselves  into  a  society  or  body 
politic,  for  the  express  purposes  of  holding,  increasing,  preserving  and 
using  such  library;  and  to  that  end,  any  five  or  more  of  them,  may  by 
an  application  in  writing,  by  them  signed,  to  any  Justice  of  the  Peace, 
within  the  same  county  wherein  the  said  town  or  district  may  be,  stating 
the  purposes  of  their  meeting,  and  requesting  him  to  issue  his  warrant 
for  calling  a  meeting  of  the  said  proprietors;  and  the  said  Justice  may 


grant  his  warrant  to  one  of  them,  directing  him  to  call  a  meeting  of 
the  said  proprietors,  at  the  time  and  place,  and  for  the  purposes  ex- 
pressed in  such  warrant;  and  said  meeting  shall  be  called  by  posting 
up  the  purport  of  said  warrant  in  some  public  place  in  the  said  town 
or  district,  where  the  said  library  shall  be  kept,  seven  days,  at  least, 
before  the  time  of  said  meeting :  And  the  proprietors  being  thus  met  and 
organized,  they  may  then  agree  and  determine  upon  a  method  of  calling 
future  meetings :  And  in  all  cases,  votes  shall  be  determined  by  counting 
and  allowing  one  vote  to  each  share:  And  the  proprietors  of  any  such 
library,  shall  have  power  to  possess  and  hold,  to  them,  their  successors 
and  assigns,  real  or  personal  estate,  to  any  amount,  not  exceeding  five 
thousand  dollars,  over  and  above  the  value  of  their  books. 

Sect.  2.  Be  it  further  enacted,  That  any  seven  or  more  of  the  pro- 
prietors of  such  library,  met  in  pursuance  of  such  notice,  shall  have 
power  to  choose  a  moderator,  clerk,  librarian,  collector,  treasurer,  and 
such  other  officers  as  they  may  find  necessary:  And  the  clerk  shall  be 
sworn  to  the  faithful  performance  of  his  duties;  and  the  treasurer  shall 
give  bond,  with  sufficient  surety  or  sureties,  faithfully  to  account  for  all 
monies  he  may  receive  by  virtue  of  this  act:  And  the  said  proprietors, 
when  so  incorporated  and  organized,  shall  have  power  to  raise  monies 
by  assessments  on  the  several  shares  in  such  library,  as  they  may  judge 
necessary  for  preserving  and  increasing  the  same ;  to  make  bye-laws  for 
the  due  regulation  of  the  concerns  of  the  said  corporation,  not  repug- 
nant to  the  constitution  and  laws  of  this  Commonwealth,  and  to  annex 
and  recover  penalties  for  any  breach  of  such  bye-laws,  not  exceeding 
three  dollars  for  any  one  breach  thereof. 

Sect.  3.  Be  it  further  enacted,  That  the  proprietors  of  any  such 
library,  so  incorporated,  shall  be  called  and  known  by  the  name  of  the 

proprietors  of  the  Social  Library  in  the  town   of  ,  and  by  that 

name  shall  sue  and  be  sued,  prosecute  and  defend,  plead  and  be  im- 
pleaded, in  all  actions  and  processes  in  law;  and  when  there  shall  be 
more  than  one  such  library  in  any  town  or  district,  the  proprietors 
thereof  shall  be  known  and  called  by  the  name  of  the  proprietors  of  the 
second,  third,  fourth,  etc.,  (as  the  case  may  be),  Social  Library,  in  the 
town  of . 

Sect.  4.  Be  it  further  enacted,  That  an  act  passed  the  third  clay  of 
March,  in  the  year  of  our  Lord,  one  thousand  seven  hundred  and  ninety- 
eight,  entitled,  "  an  act  to  enable  the  proprietors  of  social  libraries  to 
manage  the  same,"  be,  and  hereby  is  repealed:  Provided,  nevertheless, 
that  with  regard  to  all  suits  and  causes  of  suits,  and  all  rights  existing 
under,  and  by  force  of  said  act,  it  shall  be  considered  as  in  full  force. 


1815 

An  Act  authorizing  the  establishment  of  law  libraries. 
[Laws  of  1815,  chapter  177.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  in  every  county  within  this  Commonwealth,  wherein  there  shall 
reside  five  or  more  attorneys  at  law  regularly  admitted  and  swom  to 
practice  before  the  Circuit  Court  of  Common  Pleas,  it  shall  be  lawful 
for  any  five  or  more  of  them  to  make  application  in  writing  to  any 
Justice  of  the  Peace  within  and  for.  said  county,  requesting  him  to 
issue  his  warrant  for  calling  a  meeting  of  the  practitioners  at  law 
witbin  the  same  county  to  meet  at  some  certain  time  and  place  for  the 
purpose  of  organizing  the  establishment  of  a  Law  Library;  and  such 
Justice  shall  thereupon  issue  a  warrant  under  his  hand  and  seal,  directed 
to  some  practitioner  at  law  residing  within  the  shire  town  of  said  county, 
requiring  him  to  notify  the  other  members  of  the  bar  residing  therein, 
either  personally  or  by  written  notification  posted  up  at  some  conspicu- 
ous place  in  the  Court-House  in  said  county,  at  least  seven  days  before 
the  time  of  meeting  as  mentioned  in  said  warrant,  which  meeting  shall 
be  holden,  at  the  next  succeeding  term  of  the  Circuit  Court  of  Common 
Pleas  in  said  county  on  some  day  subsequent  to  the  second  day  from 
the  commencement  of  its  session ;  and  the  person  to  whom  such  warrant 
is  directed  shall  serve  the  same  in  manner  as  aforesaid,  and  make  return 
thereof  under  his  hand  to  the  Justice  who  issued  the  same,  or  to  some 
other  Justice  of  the  Peace  within  and  for  said  county,  whose  duty  it 
shall  be  to  preside  at  said  meeting  in  the  choice  of  a  clerk,  a  treasurer 
and  librarian,  each  of  whom  shall  thereupon  be  sworn  by  the  presiding 
officer,  to  the  faithful  discharge  of  their  respective  duties,  and  to  hold 
their  offices  during  the  pleasure  of  the  association;  and  the  said  mem- 
bers of  the  bar  so  notified  and  met,  to  the  number  of  five  or  more,  shall 
at  their  first  meeting  prescribe  the  mode  of  calling  future  meetings  of 
said  association,  and  establish  such  rules  and  regulations  as  may 
be  found  necessary  from  time  to  time,  to  carry  the  purposes  of  this 
act  into  effect,  not  repugnant  to  the  constitution  and  laws  of  this  Com- 
monwealth; and  at  all  future  meetings  the  oldest  member  of  the  bar 
residing  within  said  county,  who  is  present,  shall  preside. 

Sect.  2.  Be  it  further  enacted,  That  the  sum  of  twenty  dollars,  which 
by  law  is  now  paid  into  the  county  treasury,  on  the  admission  of  all 
practitioners  at  the  bar  of  the  Circuit  Court  of  Common  Pleas,  shall 
hereafter  be  paid  to  the  treasurer  of  every  law  library  association  in  any 
county  in  this  Commonwealth  that  shall  be  formed  in  pursuance  of  this 
act,  which  treasurer  shall  give  his  receipt  therefor  to  the  person  paying 
the  same,  which  sum  so  paid,  as  duty  or  excise  as  aforesaid,  together 
with  all  bequests  and  donations  made  thereto,  shall  be  applied,  under 


the  direction  of  said  association,  to  form  a  law  library,  for  the  use  of 
said  county,  under  such  reasonable  regulations  as  the  said  association 
may  appoint.  And  the  clerk  of  said  association  shall  keep  an  exact 
record  of  all  the  proceedings  thereof,  and  the  said  treasurer  shall  keep 
an  exact  account  of  all  monies,  donations,  and  bequests  belonging  to 
said  association,  which  account  he  shall  be  holden  annually  to  settle 
under  oath  with  the  association,  in  such  manner  as  they  shall  prescribe; 
and  the  librarian,  as  well  as  the  treasurer  and  clerk,  shall  be  answerable 
in  an  action  of  the  case  for  all  malfeasance  or  misfeasance  in  their  re- 
spective offices  to  the  association  aforesaid,  by  the  name  of  "  The  Law 
Librarj'  Association,"  for  the  county  within  which  it  is  formed :  Pro- 
vided, however,  that  the  Law  Library  aforesaid  shall  be  kept  in  a  shire 
town  within  the  county. 

Sect.  3.  Be  it  further  enacted,  That  the  act  passed  on  the  twenty- 
seventh  day  of  February,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  ninety-six,  so  far  as  it  relates  to  the  payment  of  twenty 
dollars  into  the  county  treasury  by  persons  admitted  to  practice  law 
before  the  Circuit  Courts  of  Common  Pleas,  as  it  relates  to  the  counties 
in  this  Commonwealth,  in  which  law  library  associations  are,  or  shall  be 
formed,  in  pursuance  of  this  act,  and  as  to  the  receipt  to  be  given  by 
the  county  treasurer  therefor,  be,  and  the  same  is  hereby  repealed. 
[Approved  by  the  Governor,  March  2,  1815. 

1823 

An  Act  respecting  law  libraries. 

.[Laws  of  1823,  chapter  51.] 
Be  it  enacted  by  the  Senate  and  Mouse  of  Representatives,  in  Gen- 
eral Court  assembled,  and  by  the  authority  of  the  same,  That  the  excise 
paid  by  Attorneys,  on  their  admission  to  the  Supreme  Judicial  Court, 
shall  hereafter  be  paid  and  appropriated  in  the  same  way  and  manner 
as  the  excise  now  paid  by  Attorneys  on  their  admission  to  the  Court 
of  Common  Pleas  is  paid  and  appropriated,  any  law  to  the  contrary 
notwithstanding.     [Approved  by  the  Governor,  Jan.  30,  1823. 

1825 

An  Act  in  addition  to  an  act  entitled,  "  An  Act  in  addition  to  an 
act  entitled,  an  act  to  enable  the  proprietors  op  social  libraries 
to  manage  the  same." 

[Laws  of  1825,  chapter  65;  repealed  by  Revised  Statutes,  chapter  146.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  any  seven  settled  and  ordained  Ministers  of  the  Gospel,  within 
this  Commonwealth,  who  shall  become  proprietors  in  common  of  any 
Theological  Library,  may  form  themselves  into  a  society  or  body  politic, 


8 

by  the  name  of  the  Theological  Society  in  the  town  of  ,  for  the 

express  purpose  of  holding,  increasing,  preserving  and  using  such 
Library:  and  shall  have  all  the  powers  and  privileges,  and  be  subject 
to  all  the  duties  and  requirements  contained  in  an  Act  passed  the 
eighth  day  of  March,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  six,  entitled  "  an  Act  to  enable  the  proprietors  of  Social 
Libraries  to  manage  the  same;  "  and  to  this  end,  any  five  of  them  may 
make  application  to  any  Justice  of  the  Peace  within  the  county  in 
which  the  library  is  to  be  kept,  stating  the  purposes  of  their  meeting, 
and  requesting  him  to  call  a  meeting  of  said  proprietors;  and  the  said 
Justice  may  thereupon  grant  his  warrant  to  any  one  of  them,  directing 
him  to  call  such  meeting  accordingly.  And  said  meeting  shall  be 
called  by  posting  up  the  purport  of  said  warrant  in  such  public 
places  in  said  county  as  said  Justice  shall  order,  and  the  proprietors, 
thus  met  and  organized,  may  then  agree  upon  the  method  of  calling 
future  meetings.     [Approved  by  Lieut. -Governor,  Feb.  12,  1825. 

1829 

An  Act  in  further  addition  to  an  act  entitled,  "  An  Act  to  enable 

proprietors  of  social  libraries  to  manage  the  same." 

[Laws  of  1829,  chapter  138.] 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the  same, 
That  any  twenty  or  more  persons  in  any  town  or  county  within  this 
Commonwealth,  who  shall,  by  writing,  associate  themselves  for  the  pur- 
pose of  mutual  improvement  and  for  raising  the  standard  of  common 
education,  may  become  a  body  politic,  by  the  name  of  the  Lyceum  of 
the  town  of ,  or  the  county  of ,  (as  the  case  may  be),  by  observ- 
ing and  pursuing  the  provisions  of  the  Act  to  which  this  is  in  addition, 
in  regard  to  forming  Proprietors  of  Libraries  into  bodies  politic,  and 
being  so  formed  shall  be  entitled  to  all  the  powers  and  capabilities  to 
which  the  Proprietors  of  said  Libraries  are  entitled  by  that  Act;  and 
such  Lyceum  shall  have  the  further  power  to  possess  and  hold  to  them, 
their  successors,  and  assigns,  real  and  personal  estate  not  exceeding  ten 
thousand  dollars. 

Sect.  2.  Be  it  further  enacted,  That  this  Act  may  be  altered  or  re- 
pealed, at  the  pleasure  of  the  Legislature.  [ Approved  by  the  Governor, 
March  4,  1829. 

1836 

Social  libraries. 

[Revised  Statutes,  1836,  chapter  41.] 
Section  1.     Any  seven  or  more  proprietors  of  a  library  may  form 
themselves  into  a  corporation,  under  such  corporate  name  as  they  shall 
adopt,  for  the  purpose  of  preserving,  enlarging,  and  using  such  library ; 


9 

and  for  that  purpose,  any  justice  of  the  peace  may,  on  the  application 
of  five  or  more  of  such  proprietors,  issue  his  warrant  to  one  of  them, 
directing  him  to  call  a  meeting  of  the  proprietors,  at  the  time  and  place 
and  for  the  purposes  expressed  in  the  warrant;  and  said  meeting  shall 
be  called,  by  posting  up  the  substance  of  the  warrant  in  some  public 
place,  in  the  town  where  the  said  library  is  kept,  seven  days  at  least 
before  the  time  of  the  meeting. 

Sect.  2.  Any  seven  or  more  of  the  proprietors  of  such  library,  met 
in  pursuance  of  such  notice,  may  choose  a  president,  a  clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  a  librarian,  collector, 
treasurer,  and  such  other  officers  as  they  may  find  necessary;  and  they 
may  also  determine  upon  the  mode  of  calling  future  meetings. 

Sect.  3.  When  such  proprietors  shall  be  organized  as  a  corporation, 
in  the  manner  before  provided,  they  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  liabilities,  of  a  corpora- 
tion organized  according  to  the  provisions  of  the  forty-fourth  chapter, 
so  far  as  the  said  provisions  shall  be  applicable  in  such  case,  and  not 
inconsistent  with  this  chapter. 

Sect.  4.  The  treasurer  shall  give  bond,  with  sufficient  sureties,  to 
the  satisfaction  of  the  proprietors,  for  the  faithful  discharge  of  his 
duties. 

Sect.  5.  The  said  proprietors  may  raise  such  money,  by  assessments 
on  the  several  shares,  as  they  shall  judge  necessary  for  the  purposes  of 
preserving,  enlarging  and  using  the  library;  and  the  shares  may  be 
transferred  according  to  the  provisions  of  the  f orty-f ourtb  chapter. 

Sect.  6.  The  said  proprietors  may  hold  real  and  personal  estate,  to 
any  amount  not  exceeding  five  thousand  dollars,  in  addition  to  the 
value  of  their  books. 

1837 

An  Act  authorizing  school  districts  to  establish  libraries  for 

the  use  op  common  schools. 

[Acts  of  1837,  chapter  147;  repealed  by  Acts  of  1849,  chapter  81.] 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Each  legally  constituted  school  district  in  this  Common- 
wealth, is  hereby  authorized  to  raise  money  for  the  purpose  of  estab- 
lishing and  maintaining  a  common  school  library  and  apparatus  for 
the  use  of  the  children  therein,  under  such  rules  and  regulations  as  said 
district  may  adopt:  provided,  that  no  greater  sum  than  thirty  dollars 
the  first  year,  or  ten  dollars  in  any  subsequent  year,  shall  be  expended 
for  the  purpose  aforesaid. 

Sect.  2.  Any  sum  of  money,  raised  by  virtue  of  this  act  at  a  meeting 
called  for  the  purpose,  shall  be  assessed,  collected  and  paid  over  as 
other  school  district  taxes  are.  [Approved  by  the  Governor,  April  12, 
1837. 


10 


1842 

An  Act  in  relation  to  law  library  associations. 

[Acts  of  1842,  chapter  94.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  councillors  and  attorneys  at  law,  duly  admitted  to 
practice  in  the  courts  of  this  Commonwealth,  resident  in  the  several 
counties  thereof,  except  Suffolk,  are  hereby  constituted  colorations 
within  their  respective  counties,  for  the  purpose  of  holding  and  manag- 
ing the  law  libraries  belonging  to  said  counties,  by  the  name  of  the  Law 
Library  Association  for  the  county  in  which  it  is  formed,  and  may 
adopt  by-laws  for  that  purpose:  provided,  the  same  shall  be  approved 
by  the  justices  of  the  court  of  common  pleas;  and  the  officers  of  such 
associations  shall  be  a  clerk,  treasurer  and  librarian,  whose  duties  shall 
be  defined  by  the  by-laws,  which  shall  be  adopted  and  approved  as 
aforesaid. 

Sect.  2.  The  clerks  of  the  several  courts  shall,  within  sixty  days 
after  this  law  shall  take  effect,  call  and  notify  the  first  meeting  of  the 
corporations  in  their  respective  counties,  by  posting  up  notifications 
thereof  in  some  conspicuous  place  in  the  court-house  of  such  county,  to 
be  held  during  the  term  of  the  court  of  common  pleas,  which  shall  be 
held  next  after  ten  days  from  the  time  of  posting  up  such  notification, 
at  which  meetings  said  clerks  shall  preside  until  a  clerk  of  such  asso- 
ciation shall  be  chosen:  provided,  that  any  inhabitant  of  the  county 
shall  have  the  right  to  use  the  books  in  said  library,  subject  to  such 
regulations  as  shall  be  prescribed  by  the  associations,  with  the  approval 
of  the  court  of  common  pleas. 

Sect.  3.  This  act  may  be  altered,  amended  or  repealed  by  any 
future  legislature  of  this  Commonwealth.  [Approved  by  the  Governor, 
March  3,  1842. 

Resolve  concerning  school  district  libraries. 

[Resolves  of  1842,  chapter  74;  amended  by  Resolves  of  1844,  chapter  63;  repealed 
by  Resolves  of  1850,  chapter  99.] 

Resolved,  That  the  sum  of  fifteen  dollars,  to  be  taken  from  the  school 
funds,  be,  and  the  same  is  hereby  appropriated  to  every  school  district 
in  the  Commonwealth,  to  be  expended  in  books  for  a  school  district 
library;  and  that  the  treasurer  pay  said  sum  for  said  purpose  to  the 
order  of  the  mayor  of  every  city  and  the  selectmen  of  every  town, 
for  each  and  every  school  district  within  the  same  which  shall  have 
produced  evidence  of  having  raised  and  appropriated  fifteen  dollars 
or  more  for  the  same  object.  [Approved  by  the  Governor,  March  S, 
1842. 


11 


1843 

Resolves    in  addition    to   a   resolve    concerning    school   district 

libraries. 
[Resolves  of  1843,  chapter  6;  amended  by  Resolves  of  1844,  chapter  63.] 

Resolved,  That  the  provisions  of  the  Resolve  of  March  third,  eighteen 
hundred  and  forty-two,  concerning  school  district  libraries,  be,  and  the 
same  are  hereby  extended  to  every  city  and  town  in  the  Common- 
wealth, not  heretofore  divided  into  school  districts,  in  such  manner  as 
to  give  as  many  times  fifteen  dollars  to  every  such  city  or  town  as  the 
number  sixty  is  contained,  exclusive  of  fractions,  in  the  number  of 
children  between  the  ages  of  four  and  sixteen  years  in  said  city  or  town ; 
provided,  evidence  be  produced  to  the  treasurer,  in  behalf  of  said  city 
or  town,  of  its  having  raised  and  appropriated,  for  the  establishment  of 
libraries,  a  sum  equal  to  that  which,  by  the  provision  of  this  Resolve, 
it  is  entitled  to  receive  from  the  school  fund. 

Resolved,  That  the  treasurer  be  instructed,  under  the  advice  and  di- 
rection of  the  Governor  and  Council,  to  make  sales,  from  time  to  time, 
of  notes  of  hand,  bank  stock,  and  other  securities  belonging  to  the 
school  fund,  to  such  amount  as  shall  enable  him  to  comply  with  the 
provisions  of  the  above  Resolve,  and  with  those  of  the  Resolve  of  March 
third,  eighteen  hundred  and  forty-two,  concerning  school  district  li- 
braries.    [Approved  by  the  Governor,  March  7 ,  1843. 

1844 

An  Act  in  addition  to  "  An  Act  in  relation  to  law  library  asso- 
ciations." 

[Acts  of  1844,  chapter  157.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  counsellors  and  attorneys-at-law,  duly  admitted  to 
practice  in  the  courts  of  this  Commonwealth,  resident  in  either  of  the 
counties,  who  have  omitted  to  organize  a  Law  Library  Association  in 
their  respective  counties,  within  the  time,  and  pursuant  to  the  provisions 
of  the  act  to  which  this  is  in  addition,  are  hereby  authorized  to  organize 
themselves  in  their  counties  respectively,  into  an  association  by  the 
name  of  the  Law  Library  Association,  for  such  county,  under  the  like 
provisions,  and  with  the  same  rights,  powers  and  duties,  as  if  the 
said  association  had  been  organized  within  the  time  prescribed  by  the 
act  to  which  this  is  in  addition,  passed  the  third  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty-two :  and  said  association, 
when  so  organized,  shall  be  deemed  and  taken  to  be  a  corporation,  and 
entitled  to  all  the  privileges  and  subject  to  all  the  provisions  applicable 
to  Law  Library  Assciations,  created  under  and  pursuant  to  the  act 
aforesaid:  provided,  however,  this  act  shall  have  no  effect  upon  any 


12 

association  which  shall  not  become  organized  within  ninety  days  from 
the  passing  hereof. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its  passage.  [Ap- 
proved by  the  Governor,  March  16,  1844. 

Resolve  concerning  school  libraries. 
[Resolves  of  1844,  chapter  63.] 

Resolved,  That  the  provisions  of  the  resolve  of  March  the  third,  in 
the  year  one  thousand  eight  hundred  and  forty-two,  and  the  resolve  of 
March  the  seventh,  in  the  year  one  thousand  eight  hundred  and  forty- 
three,  be,  and  the  same  are  hereby  extended  to  every  school  district  of 
every  town  in  the  Commonwealth.  [Approved  by  the  Governor,  March 
11,  1844. 

1845 
Resolves  in  addition  to  the  resolves  concerning  school  district 

libraries. 
[Resolves  of  1845,  chapter  113.] 

Resolved,  That  the  provisions  of  the  resolve  of  March  third,  one 
thousand  eight  hundred  and  forty-two,  be  extended  to  the  Latin  School, 
English  High  School,  and  Grammar  and  Writing  Schools  of  the  city 
of  Boston,  in  such  manner  as  to  give  as  many  times  fifteen  dollars 
towards  a  purchase  of  a  library,  or  libraries  for  said  schools,  as  the 
number  sixty  is  contained,  exclusive  of  fractions,  in  the  number  of 
children  belonging  to  said  schools  between  the  ages  of  seven  and  sixteen 
years,  said  number  to  be  estimated  by  the  mayor  of  said  city:  provided, 
the  said  mayor  shall  certify,  to  the  treasurer  of  the  Commonwealth,  that 
an  equal  sum  of  money  has  been  raised  and  appropriated,  subsequent 
to  the  first  day  of  January,  in  the  year  one  thousand  eight  hundred  and 
forty-five,  for  the  same  purpose. 

Resolved,  That  the  provisions  of  the  preceding  resolve,  and  of  the 
resolves  to  which  it  is  in  addition,  be  extended  to  the  primary  and  in- 
termediate schools  of  the  city  of  Boston,  in  such  manner  as  to  give  as 
many  times  fifteen  dollars  for  the  purchase  of  a  library,  or  libraries, 
for  said  schools,  as  the  number  sixty  is  contained,  exclusive  of  fractions, 
in  the  number  of  children  belonging  to  said  schools  between  the  ages  of 
four  and  seven  years,  said  number  to  be  estimated  as  in  the  preceding 
resolve  is  provided,  when  it  shall  be  made  to  appear  to  the  treasurer  of 
the  Commonwealth,  by  a  certificate  of  the  mayor  of  said  city,  that  an 
equal  sum  has  been  raised  and  appropriated,  subsequent  to  the  first  day 
of  January,  in  the  year  one  thousand  eight  hundred  and  forty-five,  for 
the  same  purpose. 

Resolved,  That  the  apportionment,  or  distribution  of  the  books,  pur- 
chased as  above  provided  for,  shall  be  determined  by  the  school  com- 
mittee of  the  city  of  Boston. 

Resolved,  That  these  resolves  shall  take  effect  from  and  after  their 
passage.     [Approved  by  the  Governor,  March  25,  1845. 


13 


1S19 

An  Act  relating  to  school  libraries  and  school  apparatus. 
[Acts  of  1849,  chapter  81.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  any  school  district,  in  any*  city  or  town, 
and  of  any  city  or  town  not  divided  into  school  districts,  in  this  Com- 
monwealth, may,  at  any  meeting  called  for  that  purpose,  raise  money  for 
the  purchase  of  libraries,  and  necessary  school  apparatus,  in  the  same 
manner  as  school  districts  may  now  raise  money  for  erecting  and  re- 
pairing school  houses  in  their  respective  districts. 

Sect.  2.  The  one  hundred  and  forty-seventh  chapter  of  the  statutes 
jDassed  in  the  year  one  thousand  eight  hundred  and  thirty-seven,  is 
hereby  repealed.     [Approved  by  the  Governor,  April  5,  1849. 

1850 

Eepeal  op  state  appropriation  for  school  district  libraries. 
[Resoh  es  of  1850,  chapter  99.] 

Resolved,  So  much  of  the  resolve  of  the  third  of  March,  eighteen 
hundred  and  forty-two,  as  apj)ropriated  to  every  school  district  in  the 
Commonwealth  fifteen  dollars,  "  to  be  expended  for  books  for  a  school 
district  library,"  is  hereby  repealed.  This  resolve  was  to  take  effect 
Aug.  1,  1850.     [Approved  by  the  Governor,  May  2,  1850. 

1851 

An  Act  to  authorize  cities  and  towns  to  establish  and  maintain 

public  libraries. 
[Acts  of  1851,  chapter  305;  amended  by  Acts  of  1859,  chapter  25.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  city  or  town  of  this  Commonwealth  is  hereby  au- 
thorized to  establish  and  maintain  a  public  library  within  the  same,  with 
or  without  branches,  for  the  use  of  the  inhabitants  thereof,  and  to  pro- 
vide suitable  rooms  therefor,  under  such  regulations  for  the  govern- 
ment of  such  library  as  may,  from  time  to  time,  be  prescribed  by  the 
city  council  of  such  city,  or  the  inhabitants  of  such  town. 

Sect.  2.  Any  city  or  town  may  appropriate  for  the  foundation  and 
commencement  of  such  library,  as  aforesaid,  a  sum  not  exceeding  one 
dollar  for  each  of  its  ratable  polls,  in  the  year  next  preceding  that  in 
which  such  appropriation  shall  be  made;  and  may  also  appropriate,  an- 
nually, for  the  maintenance  and  increase  of  such  library,  a  sum  not 
exceeding  twenty-five  cents  for  each  of  its  ratable  polls,  in  the  year 
next  preceding  that  in  which  such  appropriation  shall  be  made. 

Sect.  3.  Any  city  or  town  may  receive,  in  its  corporate  capacity,  and 
hold  and  manage,  any  devise,  bequest  or  donation,  for  the  establishment, 
increase,  or  maintenance  of  a  public  library  within  the  same.  [Approved 
by  the  Governor,  May  24,  1851. 


14 


1S56 

An  Act  in  further  addition  to  an  act  in  relation  to  law  library 

associations. 

[Acts  of  1856,  chapter  71.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  several  counties  are 
hereby  authorized  to  pay  and  disburse,  from  the  treasuries  of  their 
respective  counties,  to  the  treasurers  of  the  law  library  associations  now 
existing,  or  that  may  hereafter  be  duly  organized  therein,  such  a  sum  or 
sums  as  they  may  deem  necessary  and  proper,  for  maintaining  and 
enlarging  the  public  law  libraries  for  the  use  of  the  courts  and  citizens 
of  the  several  counties;  such  sum  not  to  exceed  the  amount  paid  into 
the  treasury  of  any  county  by  the  clerks  of  the  courts. 

Sect.  2.  The  treasurer  of  any  such  law  library  association,  before 
receiving  said  moneys,  shall  give  a  bond,  with  sureties,  to  the  satisfaction 
of  the  commissioners,  for  the  faithful  application  of  the  same,  and 
that  he  will  make  a  return  annually  to  them,  under  oath,  of  the  manner 
in  which  all  such  applications  are  made.  [Approved  by  the  Governor, 
March  28,  1856. 

An  Act  in  addition  to  an  act  in  relation  to  law  library  asso- 
ciations. 

[Acts  of  1856,  chapter  184.] 
Be  it  enacted,  etc.,  as  follows: 

The  counsellors  and  attorneys  at  law,  duly  admitted  to  practice  in  the 
courts  of  this  Commonwealth,  resident  in  either  of  the  counties,  who 
have  omitted  to  organize  a  law  library  association  in  their  respective 
counties,  are  hereby  authorized  to  organize  themselves  in  their  counties 
respectively,  into  an  association,  by  the  name  of  the  law  library  asso- 
ciation for  such  county,  under  the  like  provisions,  and  with  the  same 
rights,  powers  and  duties,  as  if  the  said  association  had  been  organized 
within  the  time  prescribed  by  the  ninety-fourth  chapter  of  the  statutes 
of  the  year  eighteen  hundred  and  forty-two ;  and  said  association,  when 
so  organized,  shall  be  deemed  and  taken  to  be  a  corporation,  and  entitled 
to  all  the  privileges,  and  subject  to  all  the  provisions  applicable  to  law 
library  associations,  created  under,  and  pursuant  to  the  act  aforesaid. 
[Approved  by  the  Governor,  May  24,  1856. 

1858 

Resolve  in  favor  of  law  library  associations. 

[Resolves  of  1858,  chapter  1.] 

Resolved,  That  the  secretary  of  the  Commonwealth  be,  and  he  is 

hereby  authorized  to  furnish  upon  application,  one  copy  of  the  acts 

and  resolves  passed  by  the  general  court,  and  also  one  copy  of  such 


15 

volumes  of  the  special  laws  of  the  Commonwealth,  as  he  may  have  in  his 
possession,  not  otherwise  appropriated  or  required  for  the  use  of  the 
Commonwealth,  to  the  Social  Law  Library  located  in  the  county  of 
Suffolk;  and  also,  to  each  law  library  association,  which  shall  have 
been  duly  organized  in  conformity  with  the  ninety-fourth  chapter  of 
the  acts  of  the  year  eighteen  hundred  and  forty-two,  or  the  one  hundred 
and  eighty-fourth  chapter  of  the  acts  of  the  year  eighteen  hundred  and 
fifty-six.     [Approved  February  23,  1858. 

1859 

An  Act  to  amend  an  act  to  authorize  cities  and  towns  to  establish 
and  maintain  public  libraries. 

[Acts  of  1859,  chapter  25.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  three  hundred  and  fifth  chapter  of  the  acts  of  the 
year  eighteen  hundred  and  fifty-one,  is  so  far  amended  as  to  allow  any 
city  or  town  to  appropriate  annually,  for  the  maintenance  and  increase 
of  a  public  library  within  the  same,  a  sum  not  exceeding  fifty  cents  for 
each  of  its  ratable  polls  in  the  year  next  preceding  that  in  which  such 
appropriation  shall  be  made. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its  passage.  [Ap- 
proved February  14,  1859. 

An  Act  in  addition  to  the  acts  in  relation  to  law  library  asso- 
ciations. 

[Acts  of  1859,  chapter  172.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  several  county  treasurers  shall,  on  the  first  day  of 
January  in  every  year,  pay  to  the  treasurers  of  the  county  law  library 
associations  now  existing,  or  that  may  hereafter  be  duly  organized  in 
their  respective  counties,  one-quarter  part  of  all  the  sums  which  said 
treasurers  may  have  respectively  received  from  the  clerks  of  the  courts 
during  the  preceding  year;  provided  such  quarter  part  in  any  year 
does  not  exceed  the  sum  of  one  thousand  dollars:  and  if  said  quarter 
should  exceed  one  thousand  dollars,  then  said  treasurers  shall  pay 
one  thousand  dollars;  and  all  sums  so  paid  to  the  treasurers  of  law 
library  associations,  shall  be  applied  to  maintain  and  enlarge  the  public 
law  libraries  for  the  use  of  the  courts  and  citizens  in  the  several  counties. 

Sect.  2.  Nothing  in  this  act  contained  shall  be  construed  to  prevent 
county  commissioners  from  authorizing  other  payments  from  the  county 
treasuries,  under  the  seventy-first  chapter  of  the  acts  of  the  year  eighteen 
hundred  and  fifty-six.     [Approved  April  5,  1859. 


16 


1860 

General  Statutes,  1860,  Chapter  33. 
Law  Libraries. 
[See  1871,  387.] 

Section  1.  Law  library  associations  heretofore  organized  in  any 
county  except  Suffolk  shall  remain  corporations  in  the  same  manner  as 
if  organized  under  this  chapter. 

Sect.  2.  The  attorneys-at-law  admitted  to  practice  in  the  courts  of 
the  commonwealth  and  resident  in  a  county  for  which  there  is  no  law 
library  association,  may  organize  themselves  by  the  name  of  the  Law 
Library  Association  for  such  county;  and  when  so  organized  shall 
be  a  corporation  for  the  purpose  of  holding  and  managing  the  law 
library  belonging  to  the  county,  and  may  adopt  by-laws  for  that  pur- 
pose, subject  to  the  approval  of  the  justices  of  the  superior  court. 

Sect.  3.  The  clerk  of  the  courts  in  any  county  in  which  no  associa- 
tion has  been  organized,  upon  the  application  of  seven  attorneys  at  law 
resident  therein,  may  call  a  meeting  for  the  purpose  of  such  organization 
by  posting  up  notifications  thereof  in  some  convenient  place  in  any 
court-house  of  the  county;  which  meeting  shall  be  holden  during  the 
term  of  the  superior  court  commencing  next  after  ten  days  from  the 
time  of  posting  up  such  notification.  The  clerk  shall  preside  at  such 
meeting  until  a  clerk  of  the  association  is  chosen. 

Sect.  4.  The  officers  of  such  association  shall  be  a  clerk,  treasurer, 
and  librarian,  whose  duties  shall  be  defined  by  the  by-laws. 

Sect.  5.  Every  inhabitant  of  a  county  in  which  such  association  is 
organized  may  use  the  books  in  the  library,  subject  to  such  regulations 
as  may  be  prescribed  by  the  association  with  the  approval  of  the 
superior  court. 

[Section  6,  amended  by  Acts  of  1863,  chapter  215,  and  Acts  of  1874,  chapter  156.] 
Sect.  6.  County  treasurers  shall  annually,  on  the  first  day  of  Janu- 
ary, pay  to  the  county  law  library  associations  in  their  respective  counties 
one-quarter  part,  not  exceeding  one  thousand  dollars,  of  all  sums  which 
said  treasurers  have  received  from  the  clerks  of  the  courts  during  the 
preceding  year ;  and  they  may  also  pay  such  further  sums,  not  exceeding 
the  amount  paid  into  the  respective  county  treasuries  by  the  clerks  of  the 
courts,  as  the  county  commissioners  deem  necessary  and  proper.  All 
sums  so  paid  shall  be  applied  to  maintain  and  enlarge  such  libraries 
for  the  use  of  the  courts  and  citizens. 

Sect.  7.  The  treasurer  of  a  law  library  association,  before  receiving 
said  money,  shall  give  a  bond  with  sureties  to  the  satisfaction  of  the 
commissioners  for  the  faithful  application  thereof,  and  that  he  will  make 
a  return  annually  to  them,  under  oath,  of  the  manner  in  which  all  such 
applications  are  made. 


17 


Town  and  City  Libraries. 
[See  1866,  222;  1871,  26.] 
Sect.  8.  Each  town  and  city  may  establish  and  maintain  a  public 
library  therein,  with  or  without  branches,  for  the  use  of  the  inhabitants 
thereof,  and  provide  suitable  rooms  therefor,  under  such  regulations  for 
its  government  as  may  from  time  to  time  be  prescribed  by  the  inhabit- 
ants of  the  town,  or  the  city  council. 

[Section  9  repealed  by  Acts  of  1866,  chapter  222.] 
Sect.  9.  Any  town  or  city  may  appropriate  money  for  suitable 
buildings  or  rooms,  and  for  the  foundation  of  such  library  a  sum  not 
exceeding  one  dollar  for  each  of  its  ratable  polls  in  the  year  next  pre- 
ceding that  in  which  such  appropriation  is  made;  may  also  appropriate 
annually,  for  the  maintenance  and  increase  thereof,  a  sum  not  exceeding 
fifty  cents  for  each  of  its  ratable  polls  in  the  year  next  preceding  that 
in  which  such  appropriation  is  made,  and  may  receive,  hold,  and  man- 
age, any  devise,  bequest  or  donation,  for  the  establishment,  increase  or 
maintenance  of  a  public  library  within  the  same. 

Social  Libraries. 
[Public  library  corporations.     See  1872,  217.] 

Sect.  10.  Seven  or  more  proprietors  of  a  library  may  form  them- 
selves into  a  corporation,  under  such  corporate  name  as  they  may  adopt, 
for  the  purpose  of  preserving,  enlarging,  and  using,  such  library;  with 
the  powers,  privileges,  duties,  and  liabilities,  of  corporations  organized 
according  to  the  provisions  of  chapter  sixty-eight,  so  far  as  tne  same 
may  be  applicable,  and  may  hold  real  and  personal  estate  to  an  amount 
not  exceeding  five  thousand  dollars  in  addition  to  the  value  of  their 
books. 

Sect.  11.  Upon  application  of  five  or  more  of  such  proprietors,  a 
justice  of  the  peace  may  issue  his  warrant  to  one  of  them,  directing 
him  to  call  a  meeting  of  the  proprietors,  at  the  time  and  place  and  for 
the  purposes  expressed  in  the  warrant.  The  meeting  shall  be  called  by 
]Dosting  up  the  substance  of  the  warrant  in  some  public  place  in  the 
town  where  the  library  is  kept,  seven  days  at  least  before  the  time  of 
the  meeting;  at  which,  if  not  less  than  seven  of  the  proprietors  meet, 
they  may  choose  a  president,  a  clerk  who  shall  be  sworn,  a  librarian, 
collector,  treasurer,  and  such  other  officers  as  they  may  deem  necessary; 
and  may  determine  upon  the  mode  of  calling  future  meetings. 

Sect.  12.  The  treasurer  shall  give  bond  with  sufficient  sureties,  to  the 
satisfaction  of  the  proprietors,  for  the  faithful  discharge  of  his  duties. 

Sect.  13.  Such  proprietors  may,  by  assessments  on  the  several  shares, 
raise  such  money  as  they  judge  necessary  for  the  purposes  of  preserv- 
ing, enlarging,  and  using,  the  library. 


18 


1863 

An  Act  relating  to  the  county  law  library  associations. 

[Acts  of  1863,  chapter  215;  repealed  by  Acts  of  1874,  chapter  156.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sixth  section  of  the  thirty-third  chapter  of  the  Gen- 
eral Statutes  is  so  far  amended,  that  the  several  county  treasurers  shall 
pay  to  the  county  law  library  associations  the  whole  amount  received 
from  the  clerks  of  the  courts  during  the  preceding  year,  provided  the 
same  does  not  exceed  four  hundred  dollars.  And,  in  case  the  same 
exceeds  four  hundred  dollars,  they  shall  pay  over  in  addition  thereto, 
one-quarter  part  of  the  surplus;  provided,  however,  that  the  whole 
amount  paid  to  said  association  in  any  county  in  any  one  year,  shall 
not  exceed  one  thousand  dollars. 

Sect.  2.  This  act  shall  not  be  deemed  to  prevent  the  county  com- 
missioners from  allowing  any  further  payment  as  provided  in  the  said 
sixth  section  of  the  said  thirty-third  chapter  of  the  General  Statutes. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved  April 
29,  1863. 

1866 
An  Act  in  relation  to  town  libraries. 
[Acts  of  1866,  chapter  222;  incorporated  in  Public  Statutes,  chapter  140,  section  40.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  town  may,  at  a  legal  meeting,  grant  and  vote  money 
for  the  establishment,  maintenance  or  increase  of  a  public  library 
therein/  and  for  erecting  or  providing  suitable  buildings  or  rooms 
therefor;  and  may  receive,  hold  and  manage  any  devise,  bequest  or 
donation  for  the  establishment,  increase  or  maintenance  of  any  such 
library. 

Sect.  2.  Section  nine  of  chapter  thirty-three  of  the  General  Statutes 
is  hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  93  1866. 

1867 
An  Act  for  the  preservation  of  books  and  other  property  belong- 
ing to  public  libraries. 
[Acts  of  1867,  chapter  69;  repealed  by  Acts  of  1872,  chapter  42.] 
Be  it  enacted,  etc.,  as  follows: 

Whoever  wilfully  and  maliciously  writes  upon,  injures,  defaces,  tears 
or  destroys  any  book,  plate,  picture,  engraving  or  statue  belonging  to 
any  law,  town,  city  or  other  public  library,  shall  be  punished  by  a  fine 
of  not  less  than  five  dollars  nor  more  than  one  thousand  dollars  for 
every  such  offence.     [ Approved  March  16,  1867. 


19 


Resolve  for  the  distribution  of  the  annual  reports  to  public 

libraries. 
[Resolves  of  1867,  chapter  36.] 
Resolved,  That  after  the  current  year  it  shall  be  the  duty  of  the 
secretary  of  the  Commonwealth  to  furnish  each  public  library,  organized 
under  the  laws  of  this  Commonwealth,  on  the  application  of  the  libra- 
rian thereof,  with  the  annual  reports  described  in  the  General  Statutes 
as  the  "  Public  Series."     [Approved  April  22,  1867. 

1869 

An  Act  in  addition  to  an  act  concerning  dogs. 

[Acts  of  1869,  chapter  250 ;  incorporated  in  Public  Statutes,  chapter  102,  section  107.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Moneys  received  by  the  treasurer  of  any  county  under 
the  provisions  of  chapter  one  hundred  and  thirty  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-seven,  and  not  expended  in  the  payment 
of  damages  done  by  dogs,  in  accordance  with  the  provisions  of  said 
act,  shall  be  paid  back  to  the  treasurers  of  the  several  cities  and  towns 
of  said  county,  in  the  month  of  January  of  each  year,  in  proportion 
to  the  amount  paid  by  said  city  or  town  to  said  county  treasurer;  and 
the  money  so  refunded  shall  be  expended  for  the  support  of  public 
libraries  or  schools,  in  addition  to  the  amount  annually  appropriated 
by  said  city  or  town  for  those  purposes.  In  the  county  of  Suffolk, 
moneys  received  by  any  treasurer  of  any  city  or  town  under  the  pro- 
visions of  said  act,  and  not  expended  in  accordance  with  the  provisions 
of  the  same,  shall  be  appropriated  by  the  school  committee  of  said  city 
or  town  for  the  support  of  the  public  schools  therein  established. 

Sect.  2.  The  last  clause  of  section  twelve  of  chapter  one  hundred 
and  thirty  of  the  acts  of  the  year  eighteen  hundred  and  sixty-seven,  is 
hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved  May 
10,  1869. 

18T0 
An  Act  to  authorize  the  establishment  of  districts,  for  main- 
taining STREET  LAMPS,  AND  FOR  OTHER  PURPOSES. 

[Acts  of  1870,  chapter  332;  incorporated  in  Public  Statutes,  chapter  27,  sections 

37-40.] 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Any  town,  at  a  legal  meeting,  having  an  article  in  the 

warrant  for  the  purpose,  may  authorize  a  village  or  district  in  such 

town,  containing  not  less  than  one  thousand  inhabitants,  the  limits  of 

which  shall  be  accurately  defined,  to  organize  under  such  name  as  may 

be  authorized  by  such  town,  for  the  purpose  of  erecting  and  maintain- 


20 

ing  street  lamps,  establishing  and  maintaining  libraries,  building  and 
maintaining  sidewalks,  and  employing  and  paying  watchmen  and  police 
officers,  or  any  of  such  purposes. 

Sect.  2.  The  provisions  of  sections  thirty-five,  thirty-sis,  thirty-nine, 
forty-three,  forty-four,  forty-five,  and  forty-seven  of  chapter  twenty- 
four  of  the  General  Statutes,  and  chapter  two  hundred  and  fifty-seven, 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-five,  shall,  so  far  as 
applicable,  apply  to  such  districts. 

Sect.  3.  The  officers  of  such  districts,  in  addition  to  a  clerk  and 
prudential  committee,  may  be  a  treasurer,  and  such  other  officers  as  the 
district  may  decide  to  elect;  and  all  of  such  officers  shall  hold  their 
offices  for  one  year,  and  until  others  are  chosen  and  qualified  in  their 
stead. 

Sect.  4.  Such  districts  may  adopt  such  by-laws  as  they  may  deem 
proper,  to  define  the  duties  of  their  officers,  and  the  manner  of  calling 
meetings  of  the  districts. 

Sect.  5.  Such  districts  may  sue  and  be  sued  in  the  name  of  the  in- 
habitants of  such  districts.     [Approved  June  10,  1870. 

1871 

An  Act  in  relation  to  depositing  books  in  public  libraries. 

[Acts  of  1871,  chapter  26;  incorporated  in  Public  Statutes,  chapter  40,  section  11.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  government  of  the  several  cities,  and  the  se- 
lectmen of  the  several  towns  in  this  Commonwealth,  in  which  may  now  or 
hereafter  be  public  libraries,  owned  and  maintained  by  said  cities 
and  towns,  are  hereby  authorized  to  place  in  the  public  libraries,  for 
the  use  of  the  inhabitants,  such  books,  reports  and  laws,  as  have  been 
or  may  be  received  from  the  Commonwealth. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February  17,  1871. 

An  Act  to  provide  for  furnishing  certain  documents  to  the  law 
library  societies  in  each  county. 

[Acts  of  1871,  chapter  387;  incorporated  in  Public  Statutes,  chapter  40,  section  8.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  addition  to  the  volumes  now  required  by  law  to  be 
furnished  to  the  law  library  societies  in  each  county,  the  sergeant-at- 
arms  shall,  immediately  after  their  publication,  distribute  as  far  as 
is  practicable  to  said  societies  one  volume  each  of  the  following  docu- 
ments, viz.:  legislative  documents  (senate  and  house),  journal  of  the 
senate,  journal  of  the  house,  and  the  manual  of  the  general  court. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  26,  1871. 


21 


1872 
An  Act  for  the  preservation  of  books  and  other  property  belong- 
ing TO  PUBLIC  LIBRARIES. 
[Acts  of  1872,  chapter  42;  incorporated  in  Public  Statutes,  chapter  203,  section  79.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  wilfully  and  maliciously  or  wantonly  and  with- 
out cause  writes  upon,  injures,  defaces,  tears  or  destroys  any  book, 
plate,  picture,  engraving  or  statue,  belonging  to  any  law,  town,  city 
or  other  public  library,  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  or  by  imprisonment  in  the  jail  not 
exceeding  six  months  for  every  such  offence. 

Sect.  2.  Chapter  sixty-nine  of  the  acts  of  the  year  one  thousand 
eight  hundred  and  sixty-seven  is  hereby  repealed.  [Approved  February 
26,  1872. 

An  Act  to  provide  for  the  formation  of  library  corporations. 

[Acts  of  1872,  chapter  217;  incorporated  in  Public  Statutes,  chapter  40,  sections 

16-19.] 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Three  or  more  persons  within  this  state  who  shall  have 
associated  themselves  together  by  an  agreement  in  writing,  such  as  is 
described  in  section  seven  of  chapter  two  hundred  and  twenty-four  of 
the  acts  of  the  year  eighteen  hundred  and  seventy,  with  the  intention  to 
constitute  a  corporation  under  any  name  by  them  assumed  for  the 
purpose  of  establishing  and  maintaining  a  public  library,  with  or  with- 
out reading  rooms  connected  therewith,  shall  become  a  corporation, 
upon  complying  with  the  provisions  of  sections  eight,  nine,  ten  and 
eleven  of  said  act,  and  shall  remain  a  corporation  with  all  the  powers, 
rights  and  privileges  belonging  to  any  corporations  organized  under 
the  provisions  of  said  act,  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  applicable  to  such  corporations. 

Sect.  2.  Any  name  may  be  assumed  by  such  corporation  not  pre- 
viously in  use  by  any  existing  corporation  or  association,  and  shall 
contain  therein  the  word  library.  Upon  filing  the  certificate  named  in 
section  eleven  of  said  act  with  the  endorsement  of  the  commissioner  of 
corporations  thereon,  and  the  payment  of  the  fees  named  in  section 
fifty-nine  of  said  act,  the  secretary  of  the  Commonwealth  shall  sign 
and  issue  to  such  corporation  a  certificate  in  the  form  prescribed  and 
having  the  same  force  and  effect  named  in  said  eleventh  section  of 
said  act. 

Sect.  3.  Any  existing  -library  association  under  general  law,  may  by 
complying  with  the  provisions  of  section  twelve  of  said  act  and  payment 
of  the  fees  aforesaid,  obtain  of  the  secretary  of  the  Commonwealth 
the  certificate  therein  prescribed. 


22 

Sect.  4.  Corporations  formed  under  the  provisions  of  this  act  may 
hold  real  and  personal  estate  necessary  for  the  purposes  of  their  or- 
ganization, to  the  amount  named  in  their  agreements  of  association,  not 
exceeding  fifty  thousand  dollars,  exclusive  of  books,  papers,  collections 
in  natural  history,  and  works  of  art;  may  receive  and  hold  for  the 
purposes  aforesaid  any  grants,  donations  or  bequests,  under  such  con- 
ditions and  rules  as  may  be  prescribed  in  such  grants,  donations  and 
bequests:  provided,  the  same  are  not  inconsistent  with  the  provisions  of 
law.  And  so  long  as  any  corporation  formed  under  this  act  shall  allow 
the  inhabitants  of  the  city  or  town  wherein  the  same  is  located  free 
access  to  and  use  of  its  library,  such  city  or  town  may  annually  appro- 
priate and  pay  to  the  said  corporation  established  therein  money  to  aid 
in  supporting  its  library. 

Sect.  5.  This  act  shall  take  effect  upon  its  passage.  [ Approved  April 
17,  1872. 

An  Act  to  amend  an  act  to  provide  for  the  formation  of  library 

corporations. 
[Acts  of  1S72,  chapter  326;  incorporated  in  Public  Statutes,  chapter  40,  section  20.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Nothing  contained  in  the  provisions  of  chapter  two  hun- 
dred and  seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
seventy- two  shall  be  construed  to  require  library  corporations,  formed 
under  the  same,  to  have  a  capital  stock,  when  it  is  otherwise  provided 
in  the  agreement  of  association. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  \_Approved  May 
4,  1872. 

1S73 
An   Act   to   authorize   towns   and    cities   to   appropriate   money 

toward  defraying  the  expenses  of  maintaining  libraries. 
[Acts  of  1873,  chapter  306;  incorporated  in  Public  Statutes,  chapter  27,  section  10.] 
Be  it  enacted,  etc.,  as  follows: 

Any  city  or  town  may  appropriate  and  pay  such  sum  annually  as  it 
may  see  fit  toward  defraying  the  expenses  of  maintaining  any  library 
within  such  city  or  town  to  which  the  inhabitants  are  allowed  free 
access  for  the  purpose  of  using  the  same  on  the  premises.  [Approved 
May  23,  1873. 

1874 
An  Act  relating  to  the  county  law  library  associations. 

[Acts  of  1874,  chapter  156;  repealed  by  Acts  of  1881,  chapter  89.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sixth  section  of  the  thirty-third  chapter  of  the  Gen- 
eral Statutes  is  so  far  amended  that  the  several  county  treasurers  shall 
pay  to  the  county  law  library  associations,  the  whole  amount  received 


23 

from  the  clerks  of  courts  during  the  preceding  year:  provided,  the  same 
does  not  exceed  one  thousand  dollars :  and  in  case  the  same  exceeds 
one  thousand  dollars,  they  shall  pay  in  addition  thereto  one-quarter 
part  of  the  surplus;  provided,  however,  that  the  whole  amount  paid 
to  said  association  in  any  county  in  any  one  year  shall  not  exceed  two 
thousand  dollars. 

Sect.  2.  This  act  shall  not  be  deemed  to  prevent  the  county  com- 
missioners from  allowing  any  further  payment  as  provided  in  the  said 
sixth  section  of  the  said  thirty-third  chapter  of  the  General  Statutes. 

Sect.  3.  Chapter  two  hundred  and  fifteen  of  the  acts  of  eighteen 
hundred  and  sixty-three  is  repealed. 

Sect.  4.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  9,  1874. 

18S0 
An  Act  to  authorize  towns  to  establish  and  maintain  public 

reading  rooms. 

[Acts  of  18S0,  chapter  111.] 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  town  which  now  maintains  in  whole  or  in  part  a 
public  library  therein,  for  the  use  of  the  inhabitants  thereof,  or  which 
may  hereafter  do  so,  may,  at  a  legal  meeting,  grant  and  vote  money  for 
the  establishment  and  maintenance  of  a  public  reading  room,  in  con- 
nection with  said  library,  and  for  the  use  of  the  inhabitants  of  said 
town,  to  be  under  the  control  and  management  of  the  board  of  trustees 
of  said  library  or  of  such  other  persons  as  have  control  and  manage- 
ment of  said  library;  and  such  town  may  receive,  hold  and  manage 
any  devise,  bequest  or  donation  for  the  establishment  or  maintenance 
of  any  such  reading  room. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  17, 1880. 

18S1 
An  Act  relative  to  law  library  associations. 
[Acts  of  1881,  chapter  S9;  incorporated  in  Public  Statutes,  chapter  40,  section  6.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  thirty-three  of  the  General  Statutes 
is  hereby  amended  so  as  to  read  as  follows :  —  County  treasurers  shall 
annually  pay  to  the  county  law  library  associations  in  their  respective 
counties,  all  sums  paid  into  the  county  treasuries  by  the  clerks  of  the 
courts  during  the  year,  but  not  exceeding  fifteen  hundred  dollars  in 
any  one  year;  and  they  may  also  pay  such  further  sums  from  the 
county  treasury  as  the  county  commissioners  deem  necessary  and  proper. 
All  sums  so  paid  shall  be  applied  to  maintain  and  enlarge  such  libraries 
for  the  use  of  the  courts  and  citizens.  This  act  shall  apply  to  all  sums 
paid  into  the  county  treasuries  by  the  clerks  of  the  courts  from  and 
after  the  first  day  of  January  eighteen  hundred  and  eighty-one. 


24 

Sect.  2.  Chapter  one  hundred  and  fifty-sis  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-four  is  hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  16,  1881. 

1SS2 

The  Public  Statutes,  Chapter  40. 

Law  Libraries. 

Section"  1.  Law  library  associations  heretofore  organized  in  any 
county  except  Suffolk  shall  be  subject  to  the  provisions  of  this  chapter 
relating  to  such  corporations. 

Sect.  2.  The  attorneys  at  law  admitted  to  practice  in  the  courts  of 
the  commonwealth,  and  resident  in  a  county  for  which  there  is  no  law 
library  association,  may  organize  themselves  by  the  name  of  the  Law 
Library  Association  for  such  county;  and,  when  so  organized,  shall  be 
a  corporation  for  the  purpose  of  holding  and  managing  the  law  library 
belonging  to  the  county,  and  may  adopt  by-laws  for  that  purpose,  sub- 
ject to  the  approval  of  the  justices  of  the  superior  court. 

Sect.  3.  The  clerk  of  the  courts  in  any  county  in  which  no  such 
association  has  been  organized  may,  upon  the  application  of  seven 
attorneys  at  law  resident  therein,  call  a  meeting  for  the  purpose  of 
such  organization  by  posting  up  notifications  thereof  in  some  con- 
venient place  in  any  court-house  of  the  county;  which  meeting  shall 
be  held  during  the  term  of  the  superior  court  commencing  next  after 
ten  days  from  the  time  of  posting  up  such  notification.  The  clerk  shall 
preside  at  such  meeting  until  a  clerk  of  the  association  is  chosen. 

Sect.  4.  The  officers  of  such  an  association  shall  be  a  clerk,  treas- 
urer, and  librarian,  and  their  duties  shall  be  defined  by  the  by-laws. 

Sect.  5.  Every  inhabitant  of  a  county  in  which  such  association  is 
organized  may  use  the  books  in  the  library,  subject  to  such  regulations 
as  may  be  prescribed  by  the  association  with  the  approval  of  the 
superior  court. 

[Section  6  amended  by  Acts  of  1S82,  chapter  246.] 
Sect.  6.  County  treasurers  shall  annually  pay  to  the  law  library 
associations  in  their  respective  counties  all  sums  paid  into  the  county 
treasuries  during  the  year  by  the  clerks  of  the  courts,  to  an  amount  not 
exceeding  fifteen  hundred  dollars  in  any  one  year;  and  said  treasurers 
may  also  pay  such  further  sums  as  the  county  commissioners  may  deem 
necessary  and  proper.  All  sums  so  paid  shall  be  applied  to  maintain 
and  enlai'ge  such  libraries  for  the  use  of  the  courts  and  of  citizens. 

Sect.  7.  The  treasurer  of  a  law  library  association,  before  receiving 
any  money  from  the  county  treasurer,  shall  give  a  bond,  with  sureties 
to  the  satisfaction  of  the  commissioners,  for  the  faithful  application  of 
such  money,  and  that  he  will  make  a  return  annually  to  them,  under  oath, 
of  the  manner  in  which  such  application  has  been  made. 

Sect.  8.     Each  law  library  association  shall  be  entitled  to  receive 


25 

from  the  sergeant-at-arnis  one  copy  of  each  of  the  following  volumes 
immediately  after  their  publication :  namely,  legislative  documents,  (sen- 
ate and  house),  journal  of  the  senate,  and  journal  of  the  house. 

Town  and  City  Libraries. 

Sect.  9.  Any  town  or  city  may  establish  and  maintain  a  public  library 
therein,  with-  or  without  branches,  for  the  use  of  the  inhabitants  thereof, 
and  may  provide  suitable  rooms  therefor,  under  such  regulations  for 
its  government  as  may  from  time  to  time  be  prescribed  by  the  inhabit- 
ants of  the  town  or  by  the  city  council. 

Sect.  10.  Any  town  may  at  a  legal  meeting  grant  and  vote  money 
for  the  establishment,  maintenance,  or  increase  of  a  public  library 
therein,  and  for  erecting  or  providing  suitable  buildings  or  rooms  there- 
for; and  may  receive,  hold,  and  manage  any  devise,  bequest,  or  dona- 
tion for  the  establishment,  increase,  or  maintenance  of  any  such 
library. 

Sect.  11.  The  city  government  of  a  city  or  the  selectmen  of  a  town, 
in  which  there  is  a  public  library  owned  and  maintained  by  such  city 
or  town,  may  place  in  such  library,  for  the  use  of  the  inhabitants,  such 
books,  reports,  and  laws  as  have  been  or  may  be  received  from  the  com- 
monwealth. 

Social  Library  Corporations. 

Sect.  12.  Seven  or  more  proprietors  of  a  library  may  form  them- 
selves into  a  corporation,  under  such  corporate  name  as  they  may  adopt, 
for  the  purpose  of  preserving,  enlarging,  and  using  such  library,  and 
with  the  powers,  privileges,  duties,  and  liabilities  of  corporations  organ- 
ized according  to  the  provisions  of  chapter  one  hundred  and  five,  so  far 
as  the  same  may  be  applicable,  and  such  corporation  may  bold  real 
and  personal  estate  to  an  amount  not  exceeding  five  thousand  dollars 
in  addition  to  the  value  of  its  books. 

Sect.  13.  Upon  application  of  five  or  more  of  such  proprietors,  a 
justice  of  the  peace  may  issue  his  warrant  to  one  of  them,  directing  him 
to  call  a  meeting  of  the  proprietors  at  the  time  and  place  and  for  the 
purposes  expressed  in  the  warrant.  The  meeting  shall  be  called  by  post- 
ing up  the  substance  of  the  warrant  in  some  public  place  in  the  town 
where  the  library  is  kept,  seven  days  at  least  before  the  time  of  the  meet- 
ing; at  which  time,  if  not  less  than  seven  of  the  proprietors  meet,  they 
may  choose  a  president,  a  clerk,  who  shall  be  sworn,  a  librarian,  a  col- 
lector, a  treasurer,  and  such  other  officers  as  they  may  deem  necessary; 
and  may  determine  upon  the  mode  of  calling  future  meetings. 

Sect.  14.  The  treasurer  shall  give  bond  with  sufficient  sureties,  to 
the  satisfaction  of  the  proprietors,  for  the  faithful  discharge  of  his 
duties. 

Sect.  15.  Such  proprietors  may,  by  assessments  on  the  several  shares, 
raise  such  money  as  they  judge  necessary  for  the  purposes  of  preserv- 
ing, enlarging,  and  using  the  library. 


26 


Public  Library  Corporations. 

Sect.  16.  Three  or  more  persons  within  this  commonwealth  who  as- 
sociate themselves  together  by  an  agreement  in  writing,  such  as  is  de- 
scribed in  section  sixteen  of  chapter  one  hundred  and  six,  with  the  in- 
tention of  forming  a  corporation,  under  any  name  by  them  assumed, 
for  the  purpose  of  establishing  and  maintaining  a  public  library  with 
or  without  reading-rooms  connected  therewith,  shall  become  a  corpora- 
tion upon  complying  with  the  provisions  of  section  seventeen,  eighteen, 
twenty,  and  twenty-one  of  said  chapter,  and  shall  remain  a  corporation 
with  all  the  powers,  rights,  and  privileges,  and  subject  to  all  the  duties, 
restrictions,  and  liabilities,  applicable  to  such  corporations. 

Sect.  17.  Any  name  may  be  assumed  by  such  corporation  which  is 
not  in  use  by  an  existing  corporation  or  association,  and  which  contains 
the  word  "  library."  Upon  filing  the  certificate  named  in  section  twenty- 
one  of  chapter  one  hundred  and  six  with  the  indorsement  of  the  com- 
missioner of  corporations  thereon,  and  the  payment  of  the  fees  named 
in  section  eighty-four  of  said  chapter,  the  secretary  of  the  common- 
wealth shall  sign  and  issue  to  such  corporation  a  certificate  in  the  form 
prescribed  and  having  the  force  and  effect  named  in  said  section  twenty- 
one  of  said  chapter. 

Sect.  18.  Any  existing  library  association  organized  under  general 
laws  may,  by  complying  with  the  provisions  of  section  twenty-two  of 
chapter  one  hundred  and  six  and  payment  of  the  fees  aforesaid,  obtain 
of  the  secretary  of  the  commonwealth  the  certificate  therein  prescribed. 

Sect.  19.  A  corporation  formed  under  section  sixteen  may  hold  real 
and  personal  estate  necessary  for  the  purposes  of  its  organization,  to 
the  amount  named  in  its  agreement  of  association,  not  exceeding  fifty 
thousand  dollars,  exclusive  of  books,  papers,  collections  in  natural  his- 
tory, and  works  of  art ;  and  may  receive  and  hold  for  the  purposes  afore- 
said any  grants,  donations,  or  bequests  under  such  lawful  conditions  and 
rules  as  may  be  prescribed  therein. 

Sect.  20.  Nothing  contained  in  the  four  preceding  sections  shall  be 
construed  to  require  a  corporation  formed  in  accordance  with  the  pro- 
visions thereof  to  have  a  capital  stock,  when  a  different  provision  is 
made  in  the  agreement  of  association. 

Appropriation  of  Money  for  Libraries. 
Section  10  of  chapter  227  of  the  Public  Statutes  provides  that  the 
towns  may  at  legal  meetings  grant  and  vote  such  sums  as  they  judge 
necessary  for  maintaining  any  library  therein  to  which  the  inhabitants 
are  allowed  free  access  for  the  purpose  of  using  the  books  on  the 
premises,  and  for  establishing  and  maintaining  a  public  reading  room, 
in  connection  with  and  under  the  control  of  the  manager  of  such 
library. 


27 


The  Dog  Tax. 
Section  107  of  chapter  102  of  the  Public  Statutes  provides  that  the 
money  received  for  dog  licenses  and  refunded  to  the  towns  shall  be 
expended  for  the  support  of  public  libraries  or  schools. 

Defacing  Boohs,  Papers,  etc. 
Section  79  of  chapter  253  of  the  Public  Statutes  provides  that  who- 
ever wilfully  and  maliciously  or  wantonly  and  without  cause  writes 
upon,  injures,  defaces,  tears  or  destroys  a  book,  plate,  picture,  en- 
graving or  statue  belonging  to  a  law,  town,  city  or  other  public 
library,  shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than 
fifty  dollars,  or  by  imprisonment  in  the  jail  not  exceeding  six  months. 

Library  Corporations. 
Seven  or  more  persons  may  form  a  corporation  for  the  establishment 
and  maintenance  of  places  for  reading  rooms,  libraries  or  social  meet- 
ings, under  the  provisions  of  the  general  law  for  the  incorporation  of 
associations  for  charitable,  educational  and  other  purposes,  contained 
in  chapter  115  of  the  Public  Statutes. 

An  Act  in  relation  to  law  library  associations. 

[Acts  of  1882,  chapter  246.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  forty  of  the  Public  Statutes  pro- 
viding for  annual  payments  to  the  law  library  associations  of  the  sev- 
eral counties,  is  amended  by  striking  out  in  the  fourth  line  thereof  the 
words,  "  fifteen  hundred  dollars,"  and  inserting  in  place  thereof  the 
words,  "  two  thousand  dollars."  This  act  shall  apply  to  all  sums  paid 
into  the  county  treasuries  by  the  clerks  of  the  courts  on  and  after  the 
first  day  of  January  in  the  year  eighteen  hundred  and  eighty-two. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  19, 1882. 

18S3 

An  Act  to  prevent  the  wilful  detention  of  books,  newspapers, 

magazines,  pamphlets  or  manuscripts  of  certain  libraries. 

[Acts  of  18S3,  chapter  77.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  wilfully  and  maliciously  or  wantonly  and  with- 
out cause  detains  any  book,  newspaper,  magazine,  pamphlet,  or  manu- 
script belonging  to  a  law,  town,  city  or  other  public  or  incorporated 
library,  for  thirty  days  after  notice  in  writing,  from  the  librarian  of 
such  library,  given  after  the  expiration  of  the  time  which  by  the  regu- 
lations of  such  library,  such  book,  newspaper,  magazine,  pamphlet,  or 
manuscript  may  be  kept,  shall  be  punished  by  a  fine  of  not  less  than  one 


28 

nor  more  than  twenty-five  dollars,  or  by  imprisonment  in  the  jail  not 
exceeding  six  months. 

Sect.  2.  The  notice  required  by  the  foregoing  section  shall  bear 
upon  its  face  a  copy  of  this  act. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  24,  1S83. 

An  Act  for  the  better  protection  op  property  op  certain  libraries. 

[Acts  of  1883,  chapter  81.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seventy-nine  of  chapter  two  hundred  and  three 
of  the  Public  Statutes  is  hereby  amended  so  as  to  read  as  follows :  — 
Whoever  wilfully  and  maliciously  or  wantonly  and  without  cause  writes 
upon,  injures,  defaces,  tears  or  destroys  a  book,  plate,  picture,  engrav- 
ing, map,  newspaper,  magazine,  pamphlet,  manuscript,  or  statue  be- 
longing to  a  law,  town,  city  or  other  public  or  incorporated  library, 
shall  be  punished  by  a  fine  of  not  less  than  five  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  jail  not  exceeding  six  months. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  24,  1883. 

1SS5 
An  Act  to  protect  persons  using  public  libraries  prom  disturbance. 

[Acts  of  1885,  chapter  225.] 
Be  it  enacted,  etc.,  as  follows: 

Whoever  wilfully  disturbs  persons  assembled  in  a  public  library  or 
reading  room  connected  therewith,  by  making  a  noise  or  in  any  other 
manner,  during  the  time  in  which  such  library  or  reading  room  is  open 
to  the  public,  shall  be  punished  by  imprisonment  in  the  jail  not  ex- 
ceeding thirty  days,  or  by  fine  not  exceeding  fifty  dollars.  [Approved 
May  12,  1885. 

1888 
An  Act  concerning  the  election  and  the  powers  and  duties  op 
trustees  op  free  public  libraries  or  op  free  public  libraries  and 
reading-rooms  in  towns. 

[Acts  of  1888,  chapter  304.] 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  town  which  raises  or  appropriates  money  for  the 
support  of  a  free  public  library,  or  free  public  library  and  reading-room 
that  is  owned  by  the  town,  shall  at  its  annual  meeting,  or  at  a  legal 
town  meeting  appointed  and  notified  for  that  purpose  by  the  selectmen, 
elect  a  board  of  trustees,  except  in  cases  where  such  library  has  been 
or  may  be  acquired  by  the  town,  in  whole  or  in  part,  by  some  donation 
or  bequest  containing  other  conditions  or  provisions  for  the  elections  of 
its  trustees  or  for  its  care  and  management,  which  conditions  have 
been  accepted  and  agreed  to  by  vote  of  the  town. 


29 


[Section  2  amended  by  Acts  of  1SS9,  chapter  112.] 

Sect.  2.  Said  board  of  trustees  shall  consist  of  any  number  of  per- 
sons divisible  by  three  not  exceeding  nine  in  all  which  the  town  may 
decide  to  elect,  one-third  thereof  to  be  elected  annually  and  to  continue 
in  office  for  three  years,  except  that  the  town  shall  first  elect  one-third  of 
the  trustees  for  one  year,  one-third  for  two  years  and  one-third  for 
three  years,  and  thereafter  one-third  the  number  annually  for  the 
term  of  three  years.  No  person  shall  be  ineligible  to  serve  upon  said 
board  of  trustees  by  reason  of  sex.  Such  board  of  trustees  shall  be 
elected  by  ballot,  and  shall  organize  annually  by  the  choice  of  a  chair- 
man and  secretary  from  their  own  number. 

Sect.  3.  If  any  person  elected  a  member  of  the  board  of  trustees, 
after  being  duly  notified  of  his  election  in  the  manner  in  which  town 
officers  are  required  to  be  notified,  refuses  or  neglects  to  accept  said 
office,  or  if  any  member  declines  further  service,  or  from  change  of 
residence  or  otherwise,  becomes  unable  to  attend  to  the  duties  of  the 
board,  the  remaining  members  shall  in  writing  give  notice  .of  the  fact 
to  the  selectmen  of  the  town,  and  the  two  boards  may  thereupon,  after 
giving  public  notice  of  at  least  one  week,  proceed  to  fill  such  vacancy 
until  the  next  annual  town  meeting;  and  a  majority  of  the  ballots  of 
persons  entitled  to  vote  shall  be  necessary  to  an  election. 

Sect.  4.  The  trustees  so  elected  by  the  town  shall  have  the  entire 
custody  and  management  of  the  library  and  reading-room  and  all  prop- 
erty owned  by  the  town  relating  thereto;  and  all  money  raised  or  ap- 
propriated by  the  town  for  its  support  and  maintenance,  and  all  money 
or  property  that  the  town  may  receive  by  donation  from  any  source, 
or  by  bequest,  in  behalf  of  said  free  public  library  and  reading-room, 
shall  be  placed  in  the  care  and  custody  of  the  board  of  trustees,  to  be 
expended  or  retained  by  them  for  and  in  behalf  of  the  town  for  the 
support  and  maintenance  of  its  free  public  library  and  reading-room, 
in  accordance  with  the  conditions  of  each  or  any  donation  or  bequest 
accepted  by  the  town. 

Sect.  5.  In  every  town  which  shall,  by  a  majority  of  the  votes  cast 
at  its  annual  town  meeting  or  at  a  legal  town  meeting  appointed  and 
notified  for  that  purpose  by  the  selectmen,  so  direct,  the  board  of  trustees 
shall,  in  addition  to  the  officers  named  in  section  two  of  this  act,  elect 
from  among  their  own  number  a  treasurer,  who  shall  give  a  bond  to 
the  town  similar  to  the  bond  given  by  the  town  treasurer,  for  such  an 
amount  and  with  such  sureties  as  may  be  satisfactory  to  the  select- 
men; and  until  a  town  directs  otherwise  the  town  treasurer  shall  act 
as  treasurer  of  the  board  of  trustees. 

Sect.  6.  The  trustees  shall  make  an  explicit  report  to  the  town  at 
each  annual  town  meeting  of  all  their  receipts  and  expenditures,  and 
of  all  the  property  of  the  town  in  their  care  and  custody,  including  a 
statement  of  any  unexpended  balance  of  money  they  may  have,  and  of 


30 

any  bequests  or  donations  they  may  have  received  and  are  holding  in 
behalf  of  the  town,  with  such  recommendations  in  reference  to  the  same 
as  they  may  deem  necessary  for  the  town  to  consider. 

Sect.  7.  Nothing  in  this  act  shall  be  construed  to  interfere  with 
library  associations,  nor  with  any  library  that  is  or  may  be  organized 
and  managed  under  special  act  of  the  legislature. 

Sect.  8.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  4,  1888. 

18S9 

An  Act  relating  to  the  election,  powers  and  duties  op  trustees  of 

free  public  libraries  and  reading  rooms  in  towns. 

[Acts  of  1889,  chapter  112.] 
Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  three  hundred  and  four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight  is  hereby  amended  by  striking  out  in 
lines  two  and  three  the  words  "  not  exceeding  nine  in  all,"  so  as  to 
read  as  follows:  Section  2.  Said  board  of  trustees  shall  consist  of  any 
number  of  persons  divisible  by  three  which  the  town  may  decide  to  elect, 
one-third  thereof  to  be  elected  annually  and  to  continue  in  office  for 
three  years,  except  that  the  town  shall  first  elect  one-third  of  the  trustees 
for  one  year,  one-third  for  two  years  and  one-third  for  three  years,  and 
thereafter  one-third  the  number  annually  for  the  term  of  three  years. 
No  person  shall  be  ineligible  to  serve  upon  said  board  of  trustees  by 
reason  of  sex.  Such  board  of  trustees  shall  be  elected  by  ballot,  and 
shall  organize  annually  by  the  choice  of  a  chairman  and  secretary  from 
their  own  number:  provided,  any  town  having  a  free  public  library 
which  has  heretofore  elected  a  board  of  trustees  to  manage  the  same 
consisting  of  a  number  divisible  by  three,  and  has  heretofore  elected 
annually  one-third  of  said  board  for  three  years,  may  continue  to  elect 
annually  one-third  of  said  board,  and  the  trustees  in  office  shall  hold 
their  offices  until  the  term  for  which  they  were  elected  shall  expire, 
unless  the  town  shall  vote  otherwise.     [Approved  March  14,  1889. 

1890 

An  Act  to  promote  the  establishment  and  efficiency  of  free  pub- 
lic LIBRARIES. 
[Acts  of  1S90,  chapter  347.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor  with  the  advice  and  consent  of  the  council 
shall  appoint  five  persons,  residents  of  the  Commonwealth,  who  shall 
constitute  a  board  of  library  commissioners.  The  governor  shall  desig- 
nate the  chairman  thereof.  One  member  of  said  board  shall  be  ap- 
pointed for  the  term  of  five  years,  one  for  four  years,  one  for  three 
years,  one  for  two  years  and  one  for  one  year;  and  thereafter  the 
term  of  office  of  the  commissioners  shall  be  five  years.    All  vacancies  on 


31 

said  board,  whether  occurring  by  expiration  of  term  or  otherwise,  shall 
be  filled  by  the  governor  with  the  advice  and  consent  of  the  council. 

Sect.  2.  The  librarian  or  trustees  of  any  free  public  library  may 
ask  said  board  for  advice  in  regard  to  the  selection  of  books,  the 
cataloguing  of  books  and  any  other  matters  pertaining  to  the  mainte- 
nance or  administration  of  the  library;  and  the  board  shall  give  such 
advice  in  regard  to  said  matters  as  it  shall  find  practicable.  The  board 
shall  make  a  report  of  its  doings  to  the  general  court  in  January  of 
each  year,  and  fifteen  hundred  copies  of  said  report  shall  be  printed 
as  one  of  the  public  document  series. 

Sect.  3.  Said  board  is  hereby  authorized  and  directed  to  expend, 
upon  the  application  of  the  board  of  library  trustees  of  any  town 
having  no  free  public  library  owned  and  controlled  by  the  town,  a 
sum  not  exceeding  one  hundred  dollars  for  books  for  any  such  town 
entitled  to  the  benefits  of  this  act;  such  books  to  be  used  by  said 
trustees  for  the  purpose  of  establishing  a  free  public  library,  and  said 
commissioners  shall  select  and  purchase  all  books  to  be  provided  as 
aforesaid. 

Sect.  4.  No  town  shall  be  entitled  to  the  benefits  of  this  act  until 
such  town  has  accepted  the  provisions  hereof  at  a  regularly  called 
town  meeting,  and  has  elected  a  board  of  library  trustees  as  provided 
in  chapter  three  hundred  and  four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-eight,  and  until  said  trustees  shall  have  provided, 
in  a  manner  satisfactory  to  the  board  of  commissioners,  for  the  care, 
custody  and  distribution  of  the  books  furnished  in  accordance  with 
this  act. 

Sect.  5.  Any  town  accepting  the  provisions  of  this  act  shall  annually 
appropriate  from  the  dog  tax,  or  shall  otherwise  annually  provide  for 
the  use  and  maintenance  of  its  free  public  library,  a  sum  not  less  than 
fifty  dollars  if  its  last  assessed  valuation  was  one  million  dollars  or 
upward,  or  a  sum  not  less  than  twenty-five  dollars  if  said  valuation  was 
less  than  one  million  and  not  less  than  two  hundred  and  fifty  thousand 
dollars,  or  a  sum  not  less  than  fifteen  dollars  if  said  valuation  was 
less  than  two  hundred  and  fifty  thousand  dollars. 

Sect.  6.  No  member  of  the  board  of  commissioners  shall  receive  any 
compensation,  but  the  board  may  expend  a  sum  not  exceeding  five 
hundred  dollars  annually  for  clerical  assistance  and  incidental  and 
necessary  expenses  in  the  discharge  of  its  duties ;  and  all  sums  expended 
under  the  provisions  of  this  act  shall  be  paid  from  the  treasury  after 
the  bills  therefor  have  been  approved  by  the  board  and  sent  to  the 
auditor  of  the  Commonwealth,  who  shall  certify  to  the  governor  and 
council  the  amount  due  as  in  case  of  all  other  bills  and  accounts  ap- 
proved by  him  under  the  provisions  of  law. 

Sect.  7.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  28,  1890. 


32 


1892 

An  Act  authorizing  the  furnishing  of  one  hundred  dollars  worth 
of  books  to  the  free  libraries  of  certain  towns  whose  valuation 
does  not  exceed  six  hundred  thousand  dollars. 

[Acts  of  1892,  chapter  255.] 
Be  it  enacted,  etc.,  as  follows: 

The  board  of  library  commissioners  may  expend  the  sum  of  one 
hundred  dollars  for  books  for  the  free  public  library  of  any  town 
whose  valuation  does  not  exceed  six  hundred  thousand  dollars,  which 
maintained  a  free  library  before  the  passage  of  chapter  three  hundred 
and  forty-seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety, 
and  which  has  fully  complied  or  hereafter  fully  complies  with  the 
provisions  of  said  act. 

An  Act  to  provide  for  the  payment  of  transportation  of  state 
publications  furnished  to  free  public  libraries. 
[Acts  of  1892,  chapter  422.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  expense  of  transportation  of  the  state  publications 
which  are  supplied  to  the  free  public  libraries  of  the  Commonwealth  by 
the  secretary  of  the  Commonwealth  shall  be  prepaid. 

Sect.  2.  There  shall  be  allowed  and  paid  from  the  treasury  annually, 
a  sum  not  exceeding  five  hundred  dollars,  to  defray  the  expense  of 
carrying  out  the  provisions  of  the  preceding  section.  [Approved  June 
16,  1892. 

1897 
An  Act  relative  to  the  board  of  library  commissioners. 

[Acts  of  1897,  chapter  134.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  library  commissioners  created  by  chapter 
three  hundred  and  forty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety  shall  hereafter  be  designated,  The  Board  of  Free  Public  Li- 
brary Commissioners. 

Sect.  2.  Two  thousand  copies  of  the  report  of  said  board  shall  be 
annually  printed  as  one  of  the  public  document  series.  [Approved 
March  6,  1897. 

An  Act  relative  to  law  library  associations. 

[Acts  of  1897,  chapter  505.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  chapter  one  hundred  and  fifty-three  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-seven  shall  not  apply 
to  so  much  of  the  fees  from  clerks  of  courts  and  to  naturalization  fees 


33 

as  heretofore  were  payable  to  law  library  and  bar  associations,  nor  to 
any  other  sums  of  money  specifically  provided  by  law  to  be  paid  for 
the  use  of  said  associations. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  10,  1897. 

1S9S 
Resolve   relative   to   the   report   of   the   board   of   free    public 
library  commissioners. 
[Resolves  of  1898,  chapter  24.] 
Eesolved,   That   the   board   of  free   public   library   commissioners   is 
hereby  authorized  to  include  in  its  report  to  be  made  in  January  in 
the  year  eighteen  hundred  and  ninety-nine,  a  sketch  of  the  free  public 
libraries  of  the  state,  with  illustrations  of  such  library  buildings  as  said 
commission  may  deem  expedient;  and  two  thousand  extra  copies  of  the 
report  shall  be  printed  for  distribution  under  the  direction  of  the  com- 
missioners.    [ Approved  March  15,  1898. 

1900 

An  Act  to  authorize  the  board  of  free  public  library  commis- 
sioners TO  purchase  books  for  the  free  public  libraries  of  cer- 
tain TOWNS. 

[Acts  of  1900,  chapter  233.] 
Be  it  enacted,  etc.,  as  follows: 

The  board  of  free  public  library  commissioners  may  expend,  in  such 
amounts  and  at  such  times  as  they  deem  expedient,  a  sum  not  exceeding 
one  hundred  dollars,  for  the  purchase  of  books  for  every  free  public 
library  owned  and  controlled  by  a  town  the  valuation  of  which  does 
not  exceed  six  hundred  thousand  dollars:  provided,  that  the  town  shall 
have  complied  with  all  laws  relative  to  the  maintenance  of  such  library, 
and  that  the  trustees  of  the  library  shall  provide,  to  the  satisfaction  of 
the  board,  for  the  distribution  of  books  in  different  parts  of  the  town 
where  such  distribution  is  necessary,  by  means  of  branch  libraries  or 
deliveries,  and  for  practical  and  effective  means  of  rendering  the 
library  useful  to  the  teachers  and  scholars  of  the  public  schools  in  such 
town.     [Approved  April  13,  1900. 

1902 

Revised  Laws,  1902,  Chapter  38. 
General  Provision. 
Section  1.     Library  corporations  and  associations  which  have  been 
legally  established  shall  continue  to  have  all  the  powers  and  privileges 
and  be  subject  to  all  the  duties  and  restrictions  attaching  thereto. 


34 


Law  Libraries. 

Sect.  2.  Attorneys  at  law  who  have  been  admitted  to  practise  in 
the  courts  of  the  commonwealth  and  who  are  resident  in  a  county  for 
which  there  is  no  law  library  association  may  organize  as  a  corporation, 
under  the  provisions  of  chapter  one  hundred  and  twenty-five,  by  the 
name  of  the  Law  Library  Association  for  such  county,  and  may  adopt 
by-laws  which  shall  be  subject  to  the  approval  of  the  superior  court. 

Sect.  3.  The  inhabitants  of  the  county  shall  have  access  to  the 
library  and  may  use  the  books  therein,  subject  to  the  provisions  of  the 
by-laws. 

Sect.  4.  County  treasurers  shall  annually  pay  to  the  law  library 
associations  in  their  respective  counties  all  sums  which  are  paid  into  the 
county  treasuries  during  the  year  by  the  clerks  of  the  courts,  to  an 
amount  not  exceeding  two  thousand  dollars  in  any  one  year.  They  may 
also  pay  to  said  associations  such  further  sums  as  the  county  com- 
missioners may  consider  are  necessary  and  proper.  All  sums  which 
are  so  paid  shall  be  applied  to  maintain  and  enlarge  such  libraries  for 
the  use  of  the  courts  and  citizens.  The  treasurer  of  the  law  library 
association,  before  receiving  any  money  from  the  county  treasurer, 
shall  give  bond,  with  sureties  to  the  satisfaction  of  the  commissioners, 
for  the  faithful  application  of  such  money,  and  that  he  will  make  a 
return  annually  to  them,  under  oath,  of  the  manner  in  which  it  has  been 
expended. 

Sect.  5.  Each  law  library  association  shall  be  entitled  to  receive 
from  the  sergeant-at-arms,  immediately  after  their  publication,  one 
copy  of  the  legislative  documents  of  the  senate  and  house,  the  journal 
of  the  senate  and  the  journal  of  the  house. 

City  and  Town  Libraries. 
Sect.  6.  A  city  or  town  may  establish  and  maintain  public  libraries 
for  the  use  of  its  inhabitants,  under  regulations  prescribed  by  the  city 
council  or  by  the  town,  and  may  receive,  hold  and  manage  any  gift, 
bequest  or  devise  for  such  library.  The  city  council  of  a  city  or  the  se- 
lectmen of  a  town  may  place  in  such  library  the  books,  reports  and 
laws  which  may  be  received  from  the  commonwealth. 

Trustees  of  Town  Libraries. 
Sect.  7.  A  town  which  raises  or  appropriates  money  for  the  support 
of  a  free  public  library,  or  free  public  library  and  reading  room, 
owned  by  the  town,  shall,  at  an  annual  meeting  or  special  meeting, 
unless  the  same  has  been  acquired  entirely  or  in  part  through  some 
gift  or  bequest  which  contains  other  conditions  or  provisions  for  the 
election  of  its  trustees  or  for  its  care  and  management  which  have  been 
accepted  by  the  town,  elect  by  ballot  a  board  of  trustees  consisting  of 
any  number  of  persons,  male  or  female,  divisible  by  three,  which  the 


35 

town  determines  to  elect.  When  such  board  is  first  chosen,  one-third 
thereof  shall  be  elected  for  one  year,  one-third  for  two  years  and  one- 
third  for  three  years,  and  thereafter  one-third  shall  be  elected  annually 
for  the  term  of  three  years.  The  board  shall,  from  its  own  number, 
annually  choose  a  chairman  and  secretary  and,  if  the  town  so  votes,  a 
treasurer,  who  shall  give  a  bond  similar  to  that  given  by  the  town 
treasurer,  in  an  amount  and  with  sureties  to  the  satisfaction  of  the  se- 
lectmen. The  town  treasurer  shall  act  as  treasurer  of  the  board  of 
trustees  until  the  town  otherwise  directs. 

Sect.  8.  The  board  shall  have  the  custody  and  management  of 
the  library  and  reading  room  and  of  all  property  owned  by  the  town 
relating  thereto.  All  money  raised  or  appropriated  by  the  town  for  its 
support  and  maintenance  shall  be  expended  by  the  board,  and  all 
money  or  property  which  the  town  may  receive  by  gift  or  bequest  for 
said  library  and  reading  room  shall  be  administered  by  the  board  in 
accordance  with  the  provisions  of  such  gift  or  bequest. 

Sect.  9.  The  board  shall  make  an  annual  report  to  the  town  of 
its  receipts  and  expenditures  and  of  the  property  in  its  custody,  with 
a  statement  of  any  unexpended  balance  of  money  and  of  any  gifts  or 
bequests  which  it  holds  in  behalf  of  the  town,  with  its  recommendations. 

Sect.  10.  The  provisions  of  the  three  preceding  sections  shall  not 
apply  to  library  associations,  nor  to  a  library  organized  under  a 
special  act. 

Board  of  Free  Public  Library  Commissioners. 

Sect.  11.  There  shall  be  a  board  of  free  public  library  commis- 
sioners consisting  of  five  persons,  residents  of  the  commonwealth,  one 
of  whom  shall  annually  be  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  a  term  of  five  years.  The  governor 
shall  designate  the  chairman  thereof. 

Sect.  12.  No  member  shall  receive  any  compensation,  but  the 
board  may  annually  expend  not  more  than  five  hundred  dollars,  payable 
by  the  commonwealth,  for  clerical  assistance  and  for  other  necessary 
expenses.  It  shall  annually  in  January  make  a  report  to  the  general 
court. 

Sect.  13.  The  board  shall  advise  the  librarian  or  trustees  of  any 
free  public  library  relative  to  the  selection  or  cataloguing  of  books  and 
any  other  matter  pertaining  to  the  maintenance  or  administration  of 
the  library. 

Sect.  14.  Said  board  may,  upon  the  application  of  the  library 
trustees  of  a  town  which  has  complied  with  the  provisions  of  sections 
sixteen  and  seventeen,  and  which  has  no  free  public  library  owned  and 
controlled  by  the  town,  expend  not  more  than  one  hundred  dollars  for 
books  to  be  selected  and  purchased  by  said  board  and  delivered  to  said 
trustees  for  the  purpose  of  establishing  a  free  public  library. 


36 

Sect.  15.  If  a  town,  the  valuation  of  which  is  not  more  than  six 
hundred  thousand  dollars  and  which  has  a  free  public  library,  has  com- 
plied with  all  laws  relative  to  the  maintenance  of  such  library,  and  the 
trustees  of  the  library  provide,  to  the  satisfaction  of  the  board,  for  the 
distribution  of  books  in  different  parts  of  the  town  where  such  distribu- 
tion is  necessary,  by  means  of  branch  libraries  or  deliveries,  and  for 
practical  and  effective  means  of  rendering  the  library  useful  to  the 
teachers  and  scholars  of  the  public  schools  in  such  town,  the  board  may 
expend,  in  such  amounts  and  at  such  times  as  they  determine,  not  more 
than  one  hundred  dollars  for  the  purchase  of  books  for  each  free  public 
library  owned  and  controlled  by  such  town. 

Sect.  16.  A  town  shall  not  be  entitled  to  the  "benefits  of  the  three 
preceding  sections  until  it  accepts  the  same  or  has  accepted  the  corre- 
sponding provisions  of  earlier  laws  and  has  elected  a  board  of  library 
trustees  as  provided  in  section  seven,  nor  until  said  trustees  have  made 
provision  satisfactory  to  said  commissioners  for  the  care  and  distribu- 
tion of  the  books  furnished  by  them. 

Sect.  17.  Such  town  shall,  if  its  last  assessed  valuation  was  one 
million  dollars  or  over,  annually  appropriate  from  the  dog  tax,  or  other- 
wise provide  for  the  use  and  maintenance  of  its  free  public  library,  not 
less  than  fifty  dollars ;  if  such  valuation  was  less  than  one  million  dollars 
and  not  less  than  two  hundred  and  fifty  thousand,  not  less  than  twenty- 
five  dollars;  and  if  such  valuation  was  less  than  two  hundred  and  fifty 
thousand  dollars,  not  less  than  fifteen  dollars. 

1904 

An  Act  to  provide  for  the  distribution  of  certain  state  documents 
to  law  libraries. 

[Acts  of  1904,  chapter  209.] 
Be  it  enacted,  etc.,  as  follows: 

All  incorporated  law  libraries  in  Massachusetts  shall  be  entitled  to 
receive  from  the  officers  of  the  Commonwealth  charged  with  the  distri- 
bution of  the  same,  copies  of  all  books  and  documents  to  which  the 
county  law  libraries  are  entitled  under  any  general  or  special  law,  and 
one  additional  copy  for  each  branch  library  maintained  by  them.  [Ap- 
proved April  9,  1904. 

1906 
An  Act  to  aid  free  public  libraries  in  the  small  towns. 

[Acts  of  1906,  chapter  183.] 
Be  it  enacted,  etc.,  as  follows: 

The  board  of  free  public  library  commissioners  may  annually  expend 
a  sum  not  exceeding  two  thousand  dollars  in  aid  of  free  public  libra- 
ries, esjiecially  in  those  towns  the  valuation  of  which  does  not  exceed 
six  hundred  thousand  dollars.     Such  aid  may  include  the  furnishing  of 


37 

books  in  small  quantities,  visits  to  libraries,  the  instruction  of  librarians, 
and  sucb  other  means  of  encouraging  and  stimulating  the  small  libra- 
ries as  said  commissioners  shall  deem  advisable:  provided,  that  a  full 
detail  of  expenditures  under  this  act  shall  be  printed  in  the  annual 
report  of  the  commissioners. 

Appropriation  of  Money  for  Libraries,  etc. 

Section  15,  chapter  25  of  the  Revised  Laws,  provides  that  towns  may 
appropriate  money  "  for  the  establishment,  maintenance  or  increase 
of  a  public  library  therein,  and  for  the  erection  or  provision  of  suitable 
buildings  or  rooms  therefor." 

"  For  maintaining  a  library  therein  to  which  the  inhabitants  have 
free  access  and  of  which  they  have  the  use,  and  for  establishing  and 
maintaining  a  public  reading  room  in  connection  with  and  under  the 
control  of  the  managers  of  such  library." 

The  Dog   Tax. 
Section  163,  chapter  102  of  the  Revised  Laws,  provides  that  money 
received  for  dog  licenses  and  refunded  to  the  towns  "  shall  be  expended 
for  the  support  of  public  libraries  or  schools." 

Defacing  or  Wilful  Detention  of  Books,  Papers,  etc. 

Sections  83  and  84,  chapter  208  of  the  Revised  Laws,  provide  that 
"  whoever  wilfully,  intentionally  and  without  right,  or  wantonly  and 
without  cause,  writes  upon,  injures,  defaces,  tears  or  destroys  a  book, 
plate,  picture,  engraving,  map,  newspaper,  magazine,  pamphlet,  manu- 
script or  statue  which  belongs  to  a  law,  city,  town  or  other  public  or 
incorporated  library  shall  be  punished  by  a  fine  of  not  less  than  five 
nor  more  than  fifty  dollars  or  by  imprisonment  for  not  more  than  six 
months." 

"  Whoever  wilfully,  intentionally  and  without  right,  or  wantonly 
and  without  cause,  detains  a  book,  newspaper,  magazine,  pamphlet, 
or  manuscript  which  belongs  to  a  law,  city,  town  or  other  public  or 
incorporated  library  for  thirty  days  after  notice  in  writing  from  the 
librarian  thereof,  containing  a  copy  of  this  section  and  given  after  the 
expiration  of  the  time  which,  by  the  regulations  of  such  library,  such 
book,  newspaper,  magazine,  pamphlet  or  manuscript  may  be  kept, 
shall  be  punished  by  a  fine  of  not  less  than  one  nor  more  than  twenty- 
five  dollars  or  by  imprisonment  for  not  more  than  six  months." 

Disturbing  Public  Libraries. 
Section  33,  chapter  212  of  the  Revised  Laws,  provides  that  "  whoever 
wilfully  disturbs  persons  assembled  in  a  public  library,  or  a  reading 
room  connected  therewith,  by  making  a  noise  or  in  any  other  manner 


38 

during  the  time  when  such  library  or  reading  room  is  open  to  the  public 
shall  be  punished  by  imprisonment  for  not  more  than  thirty  days  or 
by  a  fine  of  not  more  than  fifty  dollars." 

Land  may  be  taken  for  Library  Buildings. 
Section  47  of  chapter  25  of  the  Revised  Laws  provides  that  "  any  land 
within  the  limits  of  a  city  or  town  not  appropriated  to  public  uses  "  may 
be  taken  "  for  the  purpose  of  erecting  thereon  a  building  to  be  used  for 
a  public  school,  a  library,  or  an  engine  house,  or  for  the  enlargement 
of  a  lot  of  land  taken  or  used  for  such  purpose,"  —  but  the  land  thus 
taken  may  not  exceed  two  acres  in  extent. 

Public  Documents. 
Under  provisions  of  chapter  9  of  the  Revised  Laws,  each  town  and 
city  library  is  entitled  to  receive  a  copy  of  the  Manual  of  the  General 
Court,  the  Blue  Book,  and  a  copy  of  the  series  of  public  documents. 

Ax  Act  relative  to  the  social  law  library  of  the  county  of 

SUFFOLK. 
[Acts  of  1906,  chapter  527.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  amount  of  money  paid  hereafter  to  the  social  law 
library  of  the  county  of  Suffolk  shall  be  taken  from  the  sums  heretofore 
or  hereafter  collected  as  naturalization  fees  under  the  provisions  of  sec- 
tion eighteen  of  chapter  one  hundred  and  sixty-six  of  the  Revised  Laws, 
and  from  no  other  source,  unless  the  money  so  collected  is  in  any  future 
year  less  than  the  amount  to  be  paid  to  the  said  library  as  aforesaid. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
June  27,  1906. 

1910 
An  Act  to  provide  for  the  appointment  of  an  agent  by  the  board 

of  free  public  library  commissioners  and  for  other  expenses  of 

said  board. 

[Acts  of  1910,  chapter  396.] 
Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  board  of  free  public  library  commissioners  shall  ap- 
point an  agent,  with  the  consent  of  the  governor,  at  a  salary  to  be  ap- 
proved by  the  governor  and  council,  for  a  period  not  exceeding  five 
years.  The  said  agent  may  at  any  time  be  removed  from  office  by  a 
majority  vote  of  the  board. 

Sect.  2.  Section  twelve  of  chapter  thirty-eight  of  the  Revised 
Laws  is  hereby  amended  by  striking  out  the  words  "  five  hundred  ",  in 
the  second  line,  and  inserting  in  place  thereof  the  words :  —  three  thou- 
sand, —  so  as  to  read  as  follows :  —  Section  12.     No  member  shall  re- 


39 

ceive  any  compensation,  but  the  board  may  annually  expend  not  more 
than  three  thousand  dollars,  payable  by  the  commonwealth,  for  clerical 
assistance  and  for  other  necessary  expenses.  It  shall  annually  in  Jan- 
uary make  a  report  to  the  general  court. 

Sect.  3.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

Sect.  4.  This  act  shall  take  effect  upon  its  passage.  [Approved 
April  13, 1910. 

1911 

An  Act  to  enlarge  the  usefulness  of  the  free  public  library 

SYSTEM. 
[Acts  of  1911,  chapter  140.] 
Be  it  enacted, .etc.,  as  follows: 

Section  1.  Any  free  city  or  town  public  library  may  lend  its  books 
or  other  library  material  to  any  other  free  public  library  in  any  city  or 
town,  under  such  conditions  and  regulations  as  may  be  made  in  writing 
by  the  board  of  trustees  or  other  authority  having  control  of  the  library 
so  lending.  Any  city  or  town  may  raise  money  to  pay  the  expense  of 
so  borrowing  books  and  other  library  material  from  the  library  of  any 
other  city  or  town.  Nothing  herein  contained  shall  be  construed  to  re- 
strict or  modify  any  power  which  any  city  or  town,  or  any  board  of 
irustees  or  other  authority  in  control  of  any  free  public  library,  now 
has  to  lend  to,  or  permit  the  use  of  its  books  by,  persons  not  citizens  of 
such  city  or  town. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  14,  1911. 

1913 

An  Act  relative  to  books  and  reports  distributed  by  the  common- 
wealth TO  CITY  AND  TOWN  LIBRARIES. 
[Acts  of  1913,  chapter  93.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Iii  ease  the  trustees  of  any  city  or  town  library  shall  vote 
not  to  keep  or  receive  any  of  the  books  and  reports  which  the  secretary 
of  the  commonwealth  is  authorized  to  send  to  such  library,  the  secretary 
of  the  commonwealth,  at  the  request  of  the  commissioner  of  public 
records,  may  discontinue  sending  such  books  and  reports. 

Sect.  2.  Any  of  said  books  and  reports  now  in  the  custody  of  any 
city  or  town  library  may  be  returned  at  its  expense  to  the  state  library, 
or  may  otherwise  be  exchanged  or  disposed  of  with  the  sanction  of  the 
board  of  free  public  library  commissioners. 

Sect.  3.  This  act  shall  take  effect  upon  its  passage.  [Approved 
February  17,  1913. 


40 


An  Act  to  aid  free  public  libraries  in  the  small  towns. 
[Acts  of  1913,  chapter  316.] 
Be  it  en<icted,  etc.,  as  follows : 

Section  1.  Chapter  one  hundred  and  eighty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six  is  hereby  amended  by  striking  out  the 
word  "  two  ",  in  the  second  line,  and  inserting  in  place  thereof  the  word : 
; —  four,  —  so  as  to  read  as  follows :  —  The  board  of  free  public  library 
commissioners  may  annually  expend  a  sum  not  exceeding  four  thousand 
dollars  in  aid  of  free  public  libraries,  especially  in  those  towns  the  val- 
uation of  which  does  not  exceed  six  hundred  thousand  dollars.  Such 
aid  may  include  the  furnishing  of  books  in  small  quantities,  visits  to 
libraries,  the  instruction  of  librarians,  and  such  other  means  of  encour- 
aging and  stimulating  the  s-mall  libraries  as  said  commissioners  shall 
deem  advisable:  provided,  that  a  full  detail  of  expenditures  under  this 
act  shall  be  printed  in  the  annual  report  of  the  commissioners. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
March  21, 1913. 

An  Act  to  authorize  the  appointment  by  the  board  of  free  public 
library  commissioners  of  a  director  of  educational  work  for 

ALIENS. 

[Acts  of  1913,  chapter  668.] 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  free  public  library  commissioners  may, 
with  the  consent  of  the  governor  and  council,  appoint  an  agent  or  secre- 
tary to  direct  educational  work  for  the  benefit  of  alien  population  of 
the  commonwealth,  at  a  salary  of  such  amount,  not  exceeding  two 
thousand  dollars,  as  the  governor  and  council  may  approve.  The  said 
agent  may  at  any  time  be  removed  from  office  by  a  majority  vote  of 
the  board.  In  case  of  a  vacancy,  temporary  substitutes  may  be  engaged 
on  terms  and  conditions  approved  by  the  governor  and  council. 

Sect.  2.  This  act  shall  take  effect  upon  its  passage.  [Approved 
May  16,  1913. 


